DWI / DUI
What is a DWI?
You are Driving While Impaired if you operate a motor vehicle
on a public street or highway or in a public vehicular area (i.e.
a parking lot) with a Blood Alcohol Content of 0.08% or
higher. This means that you may be impaired, according to the
law, even if you do not otherwise feel or act "drunk". You may
still be charged with DWI even if your Blood Alcohol Content
does not rise to a 0.08%. Driving While Impaired also includes
operating a motor vehicle while your mental and/or physical
abilities are subject to the impairment of alcohol or drugs
(including prescription or over-the-counter medicines) or a
combination of alcohol or drugs.
Driving after being charged with DWI/DUI . . .
Being arrested for DWI is a serious offense and will generally
result in the automatic revocation of your North Carolina
license. After ten days, though, you may be eligible for a
limited driving privilege; and after the automatic revocation you
may pay a $50.00 fee to the Clerk of Court in the county
where your ticket is pending and get your license back, pending
the outcome of the charge in court.
If you plead guilty to DWI or are found guilty of DWI, your
license will automatically be suspended for at least one year. In
many instances, however, you may be eligible for a limited
driving privilege until your license is restored. If you are not
eligible for a limited driving privilege, you may still have a
hearing at a later date in front of the DMV to seek to have your
license restored. In either case, Marie Mobley can help you
get your limited driving privilege or represent you at a DMV
restoration hearing.
A word about Limited Driving Privileges....
A limited driving privilege is not the same thing as a regular
license. It is a written court order, signed by a judge, that
allows you to drive in North Carolina at limited times and for
limited purposes. You will need special permission from the
judge to be able to drive outside of the normal hours (6:00
A.M. to 8:00 P.M., Mondays-Fridays). Driving in violation of
a limited driving privilege has severe consequences. Not
everyone will qualify for a limited driving privilege. However,
Marie Mobley can meet with you to discuss whether you
qualify and how to go about getting your privilege.
What happens next?
Although each person's situation and each DWI case is
different, there are certain similarities. Some cases are clearly
cases that should be tried, but some cases are better dealt with
by pleading to a lesser offense or by pleading to the DWI and
seeking a mitigated or lesser sentence. Marie Mobley will start
out by meeting with you at length to discuss your case and
whether your case is one for trial or one better suited for a plea
to a lesser offense or DWI. Marie Mobley will investigate your
case and will appear with you in court and, at the appropriate
time, will speak to the district attorney and appear before the
judge with you.
If your case is dismissed, if you are found guilty, or if you plead
to a lesser offense - be happy. If you are convicted or plead
guilty to DWI, the judge will sentence you as either a Level 1,
Level 2, Level 3, Level 4, or Level 5. In each of these five
"levels of punishment", there are differing types of punishments.
The most severe criminal punishment is 2 years active time with
the North Carolina Department of Corrections, i.e. prison. The
least severe criminal punishment for DWI is probation in lieu of
an active sentence. The judge may also require you to pay a
fine and court costs. While the circumstances of your case and
your prior record determine the level in which you can be
sentenced, the skill, negotiation, and advocacy of your attorney
can help determine the level in which you are actually
sentenced.
In addition to the criminal punishment, the North Carolina
Division of Motor Vehicles will also revoke your North
Carolina license for at least 1 year. A DWI conviction will
add 12 points to your insurance, and increase your insurance
costs by 400%. A DWI conviction may have drastic
consequences on your job, as well. Although you are not
required to have a lawyer handle your DWI, this is no time to
proceed without one.
If you have a Commercial Driver's License, a Class A license,
or are under 21 years of age, your DWI charge has more
special considerations. Marie Mobley can discuss these
variables and how your case should be handled.
Exercise your right to remain silent....
So often people are stopped for speeding or for having a
burned out taillight, but then they are arrested for DWI. Many
times an officer is able to arrest someone for DWI simply
because the person answered the officer's question about
whether he's been drinking with an "I had two beers with
dinner".
If you are ever stopped by an officer or trooper and he or she
asks "have you have been drinking?" or "how much have you
had to drink?", you can be polite, honest, and cooperative,
without saying or doing something that would give the officer
cause to arrest you for driving while impaired; don't forget
about your right to remain silent. You do not have to
incriminate yourself. Although remaining silent will not guarantee
that you won't be arrested for DWI, it can go a long way in
helping your attorney defend you. Once you have decided to
remain silent, continue to do so...and be polite. One way to
remain silent is to politely explain that you would like to speak
to your attorney before answering any of the officers questions.
You can also remain silent by politely avoiding answering the
officer's question - ask why the officer has stopped you. If the
officer has no other reason for asking you to get out of your
car, you should be back on the road shortly.
Arrested at a DWI Checkpoint?
If you were arrested as a result of being checked at a DWI
checkpoint, you have an added reason for hiring an attorney.
There are specific requirements which officers and troopers
must follow when conducting checkpoints and if these
requirements are not met, you can have another defense.
Marie Mobley knows these requirements and can discuss your
checkpoint stop with you and how your case should be
handled in light of the details of the stop.
