Gastonia DWI Lawyer

Gastonia DWI Attorney

Driving while under the influence, or DUI, of alcohol or drugs is against the law. If you have been charged with this illegal activity, in addition to any other concurrent offenses, promptly speak with a Gastonia DWI lawyer. For first-time offenders, you should make all efforts to avoid incurring a driving while impaired (DWI) conviction on your NC criminal record, and for repeat offenders, the possible punishments for a subsequent DWI charge will be even harsher.

If you’re facing these charges, a criminal defense lawyer in Gastonia can provide valuable legal guidance, help build a strong defense, and work to minimize the impact of the charges on your life. Don’t delay in seeking legal help to protect your rights and future.

Consider The Schweppe Law Firm, P.A., as the defense law firm you can trust to take considerable care in representing your case. By entrusting our qualified and professional legal team as your criminal defense counsel, you will have over four decades of law experience and knowledge working on your case and towards a favorable outcome. Contact us today.

The Basics About DWI Crimes in Gaston County, NC

It is prohibited by law to be in control of a motor vehicle while your faculties are impaired by alcohol or drugs, including abused or unprescribed medications in Gastonia, NC. If a law enforcement officer suspects you of being under the influence of substances, they can conduct roadside sobriety tests. A blood alcohol content (BAC) of 0.08 or above is considered beyond the legal limit, with a zero-tolerance policy for drivers under the legal drinking age.

High BAC or positive drug test results will result in your arrest, and if there were any aggravating factors within your intoxicated driving violation, the charges against you may be elevated to a more serious offense — depending on the number of such factors. North Carolina has five levels a misdemeanor DWI may be sentenced as, ranging from Level 1 (most severe) to Level 5 (least severe), with a felony DWI known as a Level 1 Aggravated offense. Challenging illegally obtained evidence can be crucial in such cases, especially when there are questions about the validity of sobriety tests or the methods used to gather evidence during the arrest.

Aggravated factors within a DWI crime include a BAC of 0.15 or above, speeding 30 mph or more above the limit, reckless driving, causing a traffic accident, speeding while eluding a police officer, driving with a revoked license, and having prior convictions for impaired driving. Grossly aggravating factors include having a recent DWI conviction or separate DWI charge, a minor under 18 in the vehicle, or causing the serious injury or death of a person while drunk driving. Cocaine laws in North Carolina are particularly strict, especially when it involves driving under the influence of controlled substances, adding further legal complications and potential penalties to a DWI charge.

Consequences of a Driving While Impaired Conviction

Depending on how serious your intoxicated driving charge was, it may be a misdemeanor conviction of varying levels or a felony conviction for habitual DWI offenders. In Gastonia, the severity of the convicted crime will be reflected in the harshness of the defendant’s punishment, as outlined by North Carolina DWI laws. It’s important to have an experienced defense attorney on your case so the charges against you aren’t more severe than they should be. Your lawyer can also argue that you receive the minimal penalties available, especially in cases of contributory negligence in North Carolina, where fault might be shared between parties.

For a Level 5 DWI conviction, the defendant will be given a fine to pay, a license suspension, an ignition interlock device in their car, and possibly jail time. However, this is less likely for first-time offenders; if there was serious bodily harm caused to another person or other aggravating factors, a longer jail sentence is likely. DWI penalties in North Carolina escalate with more serious convictions, leading to heavier fines, extended jail sentences, and longer license suspensions. Furthermore, charges involving possessing controlled substances without a prescription can add additional penalties, complicating the case and resulting in more severe consequences.

Having legal support ensures that your rights are protected, and your defense can focus on reducing the impact of these charges.

FAQs About Gastonia, NC DWI Lawyer

What Is the Difference Between a DUI and a DWI in NC?

In North Carolina, there is no difference between a DUI (driving while under the influence) and a DWI (driving while impaired/intoxicated) charge. Both terms refer to the same criminal violation under North Carolina law and are used interchangeably. Offenders are officially charged with a DWI if they are found driving after consuming alcohol, drugs, or unprescribed medications. It’s also worth noting that the reliability of roadside drug tests can sometimes be called into question, potentially impacting the evidence used in DWI cases.

What Are the Penalties for a Felony DWI Conviction?

In North Carolina, a Level 1 Aggravated DWI is considered a felony offense, and a conviction may result in hefty fines and long-term imprisonment. In severe cases, such as repeat offenses or accidents causing serious injury or death, drivers may lose their driving privileges indefinitely. Defending against DWI charges can be complicated, especially when unreliable forensic evidence plays a role in the case.

How Much Does a DWI Lawyer Cost in NC?

It’s difficult to estimate how much a DWI case may yield in lawyer fees without asking a legal professional to assess your situation. Attorney fees can vary depending on the law firm you go to and the specific defense lawyer’s level of experience, in addition to your criminal history, how many additional charges or aggravating factors were involved in the DWI incident, and how long your case is expected to take.

Do I Need a Lawyer for DWI in NC?

You are not required by law to obtain a defense lawyer for a DWI, but it’s strongly recommended. Regardless of whether you believe the charges may be easily dropped or that there’s seemingly no point in fighting the charges, an attorney representing your case has a high likelihood of improving your situation, from avoiding mistakes to lessening the severity of the sentenced penalties.

What Is the Statute of Limitations on a DWI in NC?

A DWI arrest in North Carolina must be officially charged with a trial following shortly after within two years of the date of the alleged misconduct. Cases filed after the statute of limitations are likely to be dismissed. North Carolina has a seven-year lookback period for DWIs, meaning that in the seven years following a DWI conviction, the offense is visible on your criminal record and background checks; repeat offenses during this time will be treated more severely.

Criminal Defense for Your DWI Charges in Gaston County

Contact us at the Gastonia office of The Schweppe Law Firm, P.A., as soon as you can after being arrested for or receiving an official driving while impaired charge. Our efficient team of law professionals will schedule a meeting with a qualified and competent defense attorney who can review your case, go over the details with you, and explain the options available and the next steps.