Indian Trail DWI Defense Attorney

Indian Trail DWI Defense Lawyer

You Can Fight Drunk Driving Allegations

North Carolina is home to some of the strictest drinking and driving laws in the nation. Those who are convicted of driving while impaired (DWI) should expect to endure severe penalties and consequences as a result. Defending a DWI in Indian Trail, NC requires a tough criminal defense attorney with a strong background in related cases and a proven success record.

North Carolina law makes it difficult to reduce charges and does not allow expungement at any time after a conviction. For this reason, it is imperative that you secure the help of a skilled DWI defense attorney who can review the details of your case and advocate on your behalf.

The Law Offices of Huffman & Kendrick, PLLC, Indian Trail DWI Lawyer

At the Law Offices of Huffman & Kendrick, PLLC, we represent and fight for Indian Trail drivers who’ve been accused of a DWI. Throughout the last two decades of representation, our attorney has discovered and utilized defenses that other attorneys tend to miss. Our firm has been offering client-focused representation for two generations, helping countless clients defend their rights against criminal charges.

Whether this is a first or subsequent charge for a DWI, our team can make sure that you understand all the relevant laws as we guide you through the process of establishing a defense. We can provide you with the support that you deserve as we work toward securing the most favorable outcome in your case.

What Is a DWI?

Driving while impaired (DWI) is the official legal term for what is commonly known as drunk driving. However, it is important to know the specifics of the law, as North Carolina prohibits driving while noticeably impaired without specifying the cause of the impairment.

This means that, under certain circumstances, a driver could be considered impaired while using prescription drugs or even while driving tired. Additionally, drivers who have a blood alcohol content (BAC) of 0.08% or higher will be charged with a DWI, whether they are demonstrating noticeable impairment or not. Additionally, the BAC limit for subsequent charges is much lower, requiring only a 0.04% for any driver facing a second or higher DWI charge to be convicted.

For reference, you could be charged with a DWI if you were:

• Driving with a BAC of 0.08% or higher, regardless of impairment, for a first offense
• Driving with a BAC of 0.04% or higher, regardless of impairment, for a subsequent offense
• Driving while noticeably impaired by:
  • Any amount of alcohol
  • Illegal drugs
  • Prescription medication
  • Over-the-counter drugs
  • Exhaustion
  • Any other substance or condition that would cause an impairment of your ability to drive safely

Getting a DWI is a serious offense in North Carolina and is subject to severe penalties and hefty fines if convicted.

Potential Penalties for a DWI Conviction in Indian Trail, NC

Criminal penalties for a DWI charge in North Carolina will depend on various details particular to your case, such as the number of previous offenses and the presence of any aggravating factors. Generally, each misdemeanor DWI offense will garner the following penalties:

• First DWI offense:
  • Fines of up to $200, plus court costs and fees
  • 30-day license suspension
  • Up to three years of probation
  • Between 0 and 60 days of jail time
• Second DWI offense:
  • Fines of up to $2,000, plus court costs and fees
  • One-year license suspension
  • Up to five years of probation
  • Between 7 and 365 days of prison time
• Third DWI offense:
  • Fines of up to $4,000, plus court costs and fees
  • Permanent revocation of your license
  • Up to five years of probation
  • Between 30 days and two years of jail time

The penalties imposed will vary depending on the details of each case. In many instances, for example, it is common for a first-time DWI offense to incur a one-year driver’s license suspension. Additionally, further penalties may be imposed in your case, such as the installation of an ignition interlock device in your vehicle. This system requires a breathalyzer sample before allowing you to start the vehicle.

Can a DWI Be Charged as a Felony?

Most DWIs are charged as misdemeanors in North Carolina. However, if your case includes aggravating factors, the DWI can be charged as a felony offense. If you’ve been accused of a DWI in North Carolina, it is crucial to speak with a qualified DWI attorney who can explain the rules and regulations governing North Carolina’s DWI laws. Generally, a DWI will contain aggravating factors if:

• It is the driver’s third or higher DWI offense within the last 10 years.
• The driver was operating a vehicle that contained a minor while impaired.
• While driving impaired, the driver caused serious injury to or the death of another person.

There are other aggravating factors that, while they won’t escalate a charge to a felony, may lead to increased penalties. They include, but are not limited to:

• Reckless or dangerous driving at the time of the impairment
• A relatively high BAC of 0.15% or greater
• Causing an accident while impaired
• Incurring more than one driving offense within the last seven years
• Getting two or more traffic violations within the last five years

Can DWI Penalties Be Reduced?

Once the determination of charges has been made, it is not possible to have the ensuing penalties reduced. However, prior to this determination, there are several mitigating factors that could influence the level of charge being placed in your case. These may include:

• A record showing a history of safe driving
• A lack of any driving violations at the time of the impairment
• A relatively minor impairment, having a BAC of no more than 0.09%
• Using a prescription drug exactly as directed
• Willing compliance to submit to an assessment of mental health or substance abuse
• Participation in recommended treatment

While the presence of any of these mitigating factors does not guarantee a reduction of charges, a skilled attorney can ensure that they are dutifully considered by the judge while they are determining the case.

How Can a DWI Defense Attorney Help My Case?

With all of North Carolina’s strict DWI laws, it could be easy to feel a sense of uncertainty on how to build any kind of defense against your charges. However, the right attorney can make a significant difference in the final outcome of your case.

The DWI defense team at the Law Offices of Huffman & Kendrick, PLLC, holds to the conviction that all drivers are innocent until proven otherwise. We have learned through decades of direct experience how to identify potential defenses that are often missed by other attorneys, which can lead to lesser charges or a complete dismissal of the DWI.

Unfortunately, drivers who are unfamiliar with their rights either fail to stand up to the courts and fight against their charges or will represent themselves but fail to uncover or provide critical evidence that would be imperative to presenting an effective defense.

Instead, by partnering with an aggressive DWI lawyer, you can approach your case with confidence. Your Indian Trail defense attorney can assess the details of your case and begin to determine whether any of your constitutional rights were violated. This could lead to minimized penalties, even in cases where you were knowingly guilty of any charges.

What Are Some Common Defenses Against DWIs?

Even if it seems like a conviction is inevitable, it is well worth pursuing all avenues to dispute DWI charges. Depending on the details of your case, there may be one of several potential defenses available to you. These may include: 

• Subjective tests. Sobriety tests inherently have a great degree of subjectivity. Your attorney can identify improper testing and human bias.
• Unlawful stops. Police are required to have “probable cause” for pulling someone over or arresting them. An arrest that is in violation of this requirement could lead to a dismissal of the case.
• Reduced sentence. When a DWI lawyer knows that a dismissal of the charges is not attainable, they can work instead to reduce the sentence and minimize the consequences. Engaging in plea bargains can often lead to lighter sentences, as can effectively demonstrating the presence of mitigating circumstances in an effort to receive grace from the courts.

Our firm is dedicated to pursuing all available avenues in defending your case. Whether you are facing a first-time conviction or subsequent charges, your Indian Trail defense lawyer can carefully evaluate the details of your case and work diligently to achieve the most favorable outcome possible.

Legal Representation for Drivers in Indian Trail Against DWIs

We are clearly aware of the substantial consequences arising from a DWI conviction. The impact that heavy fines, a suspended driver’s license, jail time, and other lasting penalties have on a person’s present and future well-being cannot be overlooked. That is why we at the Law Offices of Huffman & Kendrick, PLLC, take seriously the responsibility of representing drivers in Indian Trail who are facing DWI charges.

If you’ve been accused of driving while impaired, or any other related criminal charges, contact us for more information. We can schedule a consultation to begin establishing your defense today.