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What are the possible outcomes of my DWI charge?

Mooresville, NC |

First offense DWI. Slid my car off of a icy road and hit the side of a house. Very minor damage to house and insurance is taking care of it. Was given a citation for reckless driving and a DWI charge. The police officer gave back my license at the time and said I could drive until my court date, was not taken to jail. Was given a ethanol blood level test and was told it was double of the legal limit.

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Attorney answers 4

Posted

I'm not licensed in NC or otherwise familiar with your state's DUI law and the possible options. I would anticipate that NC has some type of pretrial diversion program for first-time offenders. In any event you make what I consider to be a mistake by the question you ask. So as not to make you feel bad, which isn't my intention anyway, it is a common mistake. That is looking too far ahead and not focusing on what is immediately in front of you. You have a charge which is serious and carries with it potentially long lasting negative consequences that you have not even started to contemplate (nor am I encouraging to contemplate them now). You need the assistance of an experienced criminal defense attorney with experience in DUI defense NOW. There are things that a good attorney can accomplish if brought into the situation earl enough. The flip side of that is equally true. There are things that even a good attorney can not accomplish if they are not onboard early enough. Stop worrying about what might happen; you won't figure it out. Focus on maximizing your chances for the most favorable outcome possible under the circumstances.

Posted

I don't practice in NC, but there are a couple of issues in your case that require special attention. The prosecution often seeks additional punishment whenever there is an accident, and also where there is an elevated BAC. I suggest using avvo to find a couple of attorneys in your area, most of whom should offer free consultations. Good luck.

Posted

Well, a couple of things you really need to take note of. One, the officer who gave you back your license and said you could drive was absolutely incorrect! Your license became suspended for 30 days from the date of offense and will ONLY become effective and valid at the time you pay the $100 civil revocation fee on day 30. Until you make that payment, your license is suspended, no matter what the officer foolishly told you. Second, don't worry about what you were told about the blood test unless that number came from an attorneys mouth who has seen the result filed with the State's file. You need to hire a local attorney who is familiar with these DWI cases and ask that the attorney begin filing objections to the introduction of the lab result without the lab tech there to testify in court. The bad driving will count as an aggravating factor if you are found guilty or plead guilty so you need to be sure to mitigate your case in preparation by getting an alcohol assessment done and possible starting the recommendations of those classes. Best of luck!

Call Trial Attorney Dustin RT Sullivan at (910) 508-2200 or visit us at www.sullivansnowlaw.com to find out more.

James Whitfield Mcgee Jr

James Whitfield Mcgee Jr

Posted

Once the blood comes back from the lab and you get a copy of the results, you need to turn in your license to the Clerk if the number is over .08, due to the implied consent laws on the books in NC. Then you will be revoked for 30 days but able to get a limited driving privilege in ten days or request a civil revocation hearing to try and get your license back. However, if you refused and the state took blood then your license became revoked on the date of the arrest for 30 days. You will have to incur certain fees if unsuccessful and you requested a civil revocation hearing. Those fees are $100 for the paper license and $100 for the civil revocation fee. As to punishment upon being found guilty, there are 5 levels of punishment. Hire a lawyer who can not only defend you at trial but at sentencing. The careless driving could be aggravating, along with the property damage to your car and house if over $1000. The Judge can also find any other aggravating factors that may have resulted from you hitting someone's house. Good luck! Hire an attorney. The maximum punishment for dwis is 3 years in jail and the minimum is 24 hours of community service.

Posted

The State must prove you were driving in order to convict you of DWI. There is also a relevant time issue that may apply in your case. Consult with an attorney now! Do not speak to anyone else about your case. There may be a few defenses to your case and this should be discussed with an attorney in a private setting.

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