If you or someone you know has been charged with a DWI, it is in your interest to seek out the professional help of a Sneads Ferry DWI attorney. At Silva, Kiernan & Associates, PLLC, our skilled DWI attorneys can help you mitigate the effects of your charges. After being charged with a DWI, facing the justice system can be incredibly overwhelming. Our defense lawyers will help walk you through the process and ensure that your rights are properly protected during the case.
Silva, Kiernan & Associates, PLLC, aims to find the most beneficial solutions for our clients, and our lawyers work to analyze each case carefully. An experienced professional from our firm can minimize the penalties you face and help you understand the legal matters you are presented with.
Probation, jail time, a revoked license, and fines are intimidating possibilities to face, but an attorney can analyze the evidence available to avoid such heavy penalties. Our goal is to negotiate for you so your sentence and fines can be minimized.
Driving with a BAC of at least 0.08% can result in a DUI arrest. However, the limit is different for minors. North Carolina is one of the few states that has a zero-tolerance policy, even if a minor’s BAC is under the legal limit for adults. It is considered illegal for drivers under the age of 21 to have any alcohol in their system while driving.
People often believe that a DWI refers to intoxication from alcohol, but it also includes driving under the influence of any other substance or drug, legal or illegal. It is important to know that legal drugs, even with a prescription, can cause impairment. Driving while impaired by prescription drugs could be punishable in the eyes of the law.
A DWI conviction can lead to expensive fees, a loss of freedom, and a loss of driving privileges. It could also put your job at risk. If you are fortunate, you may be granted a temporary permit for work, but this is not always the case. Your license will be suspended, and you will face further incrimination if you are caught driving without a license. Each case varies depending on the severity and whether your impaired driving led to casualties or serious injuries.
In order to properly evaluate and assess the case, it is important that you hire an attorney immediately after being charged. You should be able to recall details of the incident and the process in which you were arrested by a police officer.
It is important to review the legal process in which you were arrested to identify whether your rights were violated. For example, if you were not properly informed of your rights before being arrested or if the instructions were unclear during the field sobriety tests, this may help your case, as you could argue against the validity of the tests.
The credibility of the breathalyzer can be challenged if it was not calibrated correctly. If the reason the officer pulled you over initially was unlawful, this can also be challenged in court. Evidence could also be challenged if it was mishandled and proper procedures were not followed.
It is not uncommon to face jail time after a DWI charge, especially if there were casualties or injuries. The amount of time you spend in jail will depend on grossly aggravating factors. Grossly aggravating factors include harming someone else, driving with a child in the vehicle, having a prior DWI conviction, and still driving while privileges have been revoked because of a current DWI.
The fee for a DWI lawyer in Sneads Ferry will vary depending on the severity of the case and the skill of the lawyer. More complex cases warrant a seasoned professional. If the client has a history of previous charges and a record of previous DWIs, the fee will likely be higher. If there was a casualty as a result of your DWI, the fee could also increase.
The legal BAC limit can differ based on the vehicle you drive. For a commercial or fleet vehicle, the limit is reduced to 0.04, half the limit for personal vehicles.
Because these commercial vehicles are the property of a business or corporation, the rules are more strict. Larger vehicles like semi-trucks can also cause more damage if involved in an accident. If you’re arrested for a DUI while driving a commercial vehicle, North Carolina may revoke your license and special driving permissions, and you may lose your job.
There is no difference between a DWI and a DUI. You may have heard other states refer to a DWI as a DUI, but North Carolina refers to both as the same crime. Driving while impaired is the same as what most states refer to as driving under the influence.
It is in your interest to find a lawyer after a DWI arrest in North Carolina. A professional will help you navigate the different stages of the criminal process and explain what your potential sentence may look like. Depending on the circumstances, they may fight for an acquittal or negotiate with the prosecution for reduced penalties. As soon as you are charged with a DWI, contacting a lawyer is essential to minimize the damage to your future.
You can refuse a blood alcohol content test in North Carolina, but the ramifications may not be worth it. If you don’t consent, the refusal may be used against you in court. It is viewed as not cooperating because of a guilty conscience. If you refuse the test, there will be an immediate suspension of your license. Even if you are not convicted, your license will still be revoked because of your refusal to test.
An attorney from Silva, Kiernan & Associates, PLLC, can help you navigate this difficult time in your life. If you have recently been charged with a DWI, contact our office to schedule a consultation.