Facing a DWI or DUI Charge in North Carolina
Wilmington DWI DUI attorneys can help. Take a deep breath. First, just because you are charged with a crime does not make you guilty of one. Second, even if you are convicted of a crime, that does not define you as a person. You cannot change the fact that you were charged. You cannot change what has happened in the past.
What Can You Do Now?
You can only control what you do going forward. You can gather information, consult with a professional, analyze information, make good decisions and execute a plan of action to the best of your ability. Knowledge, preparation, decision making and execution are the keys to getting the best possible outcome under these circumstances. Call to find answers to specific questions or continue reading for more information.
In North Carolina, DWI or DUI is punishable by up to three years (or more) in prison. If convicted, you can receive a sentence of imprisonment even if you have no previous criminal convictions. In addition, the DMV is legally required to revoke your driver’s license for one year after a conviction for DWI DUI. NCGS § 2-17(a)(2).
Elements and Defenses
Remember, just because you have been charged with DWI does not mean you are guilty of anything. You have rights!
The state must prove beyond a reasonable doubt that you
(2) a vehicle
(3) on a highway, street or public vehicular area
(4) while impaired. NCGS § 138.1(a).
An experienced DWI or DUI Lawyer may be able to show that the state has failed to prove an element of the offense or challenge the legal sufficiency of the stop, the arrest or the intoxillizer results. If your lawyer is able to do that you will be found "Not Guilty" and no punishment or penalty will be assessed against you. If your lawyer is not able to do that and you plead "Guilty" or are found "Guilty", then you will proceed to a Sentencing Hearing.
The Sentencing Hearing
If you are convicted, there will be a sentencing hearing where the judge will weigh aggravating and mitigating factors that may apply to your case. NCGS § 138.1(d). The results of this hearing will determine your punishment. This is also the time when your DWI or DUI Attorney would file a Petition with the Court formally requesting a Limited Driving Privilege.
What is Required for Your Defense
The DWI or DUI defense lawyers at Speaks Law Firm analyze the complex legal issues in each case. This process requires extensive knowledge of Constitutional Law, Criminal Law, the Rules of Evidence, and Criminal Procedure. The proper application of these laws to the facts of your case will determine whether you will be convicted and (if convicted) the nature and extent of your punishment.
The Next Step
The outcome of your case may have a tremendous impact on your life. I would encourage you to be proactive and continue to gather information. We are available at (910) 341-7570 now to provide you additional information.