Have you been charged with the offense of “Driving While Impaired?” If so, our DWI attorneys can assist you in obtaining the best possible outcome for your charge.
In North Carolina, you may be charged with a DWI not only after drinking alcohol and driving, but if you consume certain drugs or medications and drive while under the influence (even if that medication is prescribed and you didn’t know you weren’t allowed to drive!) Keep in mind that a DWI is an “implied consent” offense, which means that if you refuse to engage in DWI testing at the scene, the officer has the discretion to charge you with the offense, regardless. For all of these reasons, is is important to have an attorney in your corner who can advise you of your rights and help you navigate the process.
In North Carolina, DWI’s are considered their own separate offense, and the punishment for a DWI is determined by its own guidelines that are similarly separate from the guidelines of those used for misdemeanors and felonies. In determining the egregiousness of a DWI, the court weighs certain statutory factors that are considered mitigating, aggravating, or grossly aggravating. The overall balance of these factors determines which level DWI you are, which could be level A1, 1, 2, 3, 4, or 5. Correctly balancing the factors and giving the judge guidance on which level you may be is of utmost importance, because the level DWI you are will determine your ultimate punishment. Many people are unaware that they could spend up to two years incarcerated for certain DWI offenses, which, again, makes the balancing of the factors important to your case.
Keep in mind, a DWI attorney should not only evaluate your case by weighing the factors and determining the level DWI you may be, but the attorney should also consider issues of reasonable suspicion and probable cause in making the determination as to whether you were properly charged with the DWI in the first place.
Our DWI attorneys can assist you in considering probable cause, appropriately determining the overall level DWI you are based on a balancing of the statutory factors, and ultimately assist you in obtaining the best outcome possible for your DWI.
If you’ve been charged with a DWI, call the Khan Law Firm for a free consultation at (336) 905-4705 to discuss how we can help!