Lincoln DWI Lawyer

Lincoln DWI Attorney

After getting arrested and charged with driving while impaired (DWI) or intoxicated by alcohol or other substances, take action quickly and contact a Lincoln DWI lawyer who will work for you, making all efforts to get the case dropped or lessen the repercussions that you may face. Facing a potential DWI conviction is a serious matter that requires prompt and professional legal help in order to avoid suffering the potential penalties and consequences for years to come.

For dedicated criminal defense in Lincoln County, consider the skilled attorneys at The Schweppe Law Firm, P.A., to represent you in all court proceedings, working meticulously to acquire you the most positive results possible given your circumstances. Our professional legal team will handle your case no matter how severe or complicated it may seem and we strongly recommend not attempting to represent yourself in court.

Intoxicated Driving Laws and Charges in Lincoln County, NC

It is illegal to be found driving while impaired by the effects of alcohol or other substances, such as illicit drugs and misused medications. A law officer must have probable cause to pull you over or subject you to a breathalyzer or roadside drug test. Understanding the relevant north carolina cocaine laws is important if your charge involves controlled substances. A law officer must have probable cause to pull you over or subject you to a breathalyzer or roadside drug test. There are a few instances where an officer suspects you are intoxicated or can assess whether you are, such as:

• You’ve been pulled over for a traffic violation, like having a broken taillight or driving recklessly. While the officer is investigating the situation, they have the right to conduct sobriety testing.
• At a DWI stop or sobriety checkpoint.
• The law enforcement officer witnessed behavior that warrants suspicion of the motorist consuming alcohol or other substances behind the wheel or promptly before getting into the vehicle and driving.
• A third party notified law enforcement that a driver was unlawfully operating a motor vehicle while impaired by alcohol or drugs.
• There’s a warrant out for your arrest for other criminal activity, or the officer is witness to possible criminal activity, which gives them probable cause to pull you over.

Sometimes, in Lincoln, NC challenging the legality of the arrest is possible by challenging roadside drug tests in court, especially if there are concerns about the accuracy of the test used. Additionally, defendants may also consider challenging forensic evidence in court if there are doubts about the reliability of the evidence presented.

If the officer finds your blood alcohol content (BAC) to be 0.08 or above, you will be arrested for driving while impaired. If other sobriety or drug testing methods lead the officer to believe you’re intoxicated or you refuse any testing, you will also be arrested and taken in. There is a zero-tolerance law for underage drivers (under 21) having any alcohol in their system.

Potential Penalties if Convicted of a DWI in NC

North Carolina follows a level system for determining the severity of a DWI offense and subsequent charges. There are five levels of DWI misdemeanor and one felony charge that a defendant may be charged with, depending on the number of aggravating factors versus mitigating factors present during their arrest. These penalties vary, and understanding the penalties for DWI in North Carolina can help you prepare for what to expect in court. Factors such as your BAC level, previous DWI history, and other aggravating or mitigating factors determine the outcome. These are mitigating and aggravating circumstances within a DWI:

• Mitigating factors:
  • When a BAC was unavailable, the driver appeared only slightly impaired.
  • BAC did not exceed 0.09.
  • Besides the DWI, the driver was lawfully operating the vehicle.
  • The motorist’s driving record is clear of prior convictions.
  • The impairment was seemingly from prescription medicine taken according to instructions.
• Aggravating factors:
  • BAC is 0.15 or above.
  • Motorist caused an accident or was otherwise driving recklessly.
  • Speeding while eluding a police officer.
  • Speeding 30 mph or more above the local speed limit.
  • Illegally passed a school bus.
  • Driving with a revoked license.
  • Prior history of DWI conviction.
• Grossly aggravating factors:
  • Prior conviction for DWI within the last seven years.
  • Under suspicion of another active DWI charge.
  • Causing the serious bodily injury or death of another person.
  • A minor child under 18 is present in the vehicle.

In Lincoln, North Carolina, the level of a DWI violation determines how serious the penalties may be if the accused is convicted of the crime. Punishment includes paying fines, having your driver’s license suspended or permanently revoked, completing community service, or serving a jail sentence. Other penalties may be included, such as requiring an ignition interlock device to be installed into your motor vehicle.

FAQs About Lincoln, NC DWI Law

What to Do After Getting a DWI in NC?

After getting arrested or charged with a DWI, it’s highly advised to cooperate with law enforcement but not offer up any unnecessary information or answer questions without a lawyer present. A defense attorney can help challenge breathalyzer results if there were errors in testing or legal procedures.

Can You Get Out of a DWI in NC?

It is possible to have DWI charges dropped, but it’s not guaranteed. One possible defense could involve invoking the poisonous tree doctrine in criminal defense if any evidence was obtained unlawfully. Depending on the details of your situation, your lawyer may be able to use a variety of defense arguments and strategies to show that the evidence against you isn’t sufficient enough to convict you of impaired driving.

Do I Need a Lawyer for DWI in NC?

North Carolina law does not require anyone to hire a criminal defense lawyer for their DWI case, but the vast majority of attorneys and other legal professionals recommend doing so. Acquiring a defense lawyer has numerous benefits, no matter the circumstances of your situation; an attorney will protect your rights, fight against excessive charges, and potentially lower the punishment you face, and may even get the case dropped altogether.

How Much Does a DWI Lawyer Cost in NC?

The costs of hiring a DWI lawyer in North Carolina will vary from case to case, so asking a defense attorney about what legal fees your case is likely to incur is the most accurate way to get an approximate estimate. Lawyer’s fees range depending on the complexity or seriousness of your criminal charges, how much work and time your case is expected to need, the lawyer’s experience and costs of operation, and whether you have a prior criminal history.

Qualified and Adept Criminal Defenders for You

The Schweppe Law Firm, P.A., is a professional criminal defense firm with over four decades of collective legal knowledge and experience that our dedicated attorneys are ready to use in managing your case and protecting your rights. Reach out to our office to schedule a consultation with a compassionate and skilled defense lawyer about your situation.