Kenansville DWI Lawyer

Kenansville DWI Attorney

Facing a DWI charge in Kenansville can be a stressful and challenging ordeal. The potential consequences, such as heavy fines, license suspension, and even jail time, can significantly impact your life. At Silva, Kiernan & Associates, PLLC, we are dedicated to providing a strong legal defense for those accused of DWI offenses. As your trusted Kenansville DWI lawyer, we will thoroughly examine your case, protect your rights, and work diligently to achieve a fair outcome.

About Us

Silva, Kiernan & Associates, PLLC, is a renowned law firm with offices in Jacksonville and Clinton, North Carolina. Not only do we have extensive experience handling DWI cases, but we also have significant proficiency in criminal defense, family law, real estate transactions, and personal injury cases. We offer exceptional legal representation to clients facing a variety of legal challenges.

Our named partners are former Superior Court Prosecutors, bringing a profound understanding of the courtroom and a strategic approach to every case. This extensive experience allows us to effectively tackle complex and significant legal matters.

Understanding DWIs in Kenansville

A DWI (Driving While Impaired) charge in Kenansville is a serious offense punishable by substantial fines, driver’s license revocation, mandatory alcohol education classes, and possibly imprisonment.

North Carolina law punishes a DWI conviction quite seriously, with a heavy impact on the severity coming from the alcohol concentration at the time of arrest, the existence of prior convictions, and the presence of aggravating factors (such as causing an accident with injury or property damage.)

In Kenansville, law enforcement officers are vigilant in identifying and prosecuting DWI offenders. Standard procedures include field sobriety tests, breathalyzer tests, and blood tests to determine a driver’s impairment level. These methods, however, are not infallible, and various factors can influence their accuracy and reliability.

Field Sobriety and Chemical Tests: Know Your Rights

If you are pulled over in North Carolina for suspicion of driving while impaired, the law enforcement officers will likely administer a series of field sobriety tests to determine your impairment. These are generally the Walk and Turn, Horizontal Gaze Nystagmus (HGN), and One-Leg Stand tests.

Although these tests are widely accepted, they may not be reliable due to a host of variables, such as medical issues, sleep deprivation, or environmental conditions. You are allowed to refuse such tests, but your refusal can be used against you in court.

Chemical Tests: Breathalyzer and Blood Tests

Chemical tests used to measure Blood Alcohol Content (BAC) include breathalyzers and blood tests. They are used to determine the driver’s level of intoxication. In North Carolina, any person who is lawfully arrested for DWI is required by the state’s implied consent law to submit to a chemical test.

A person can refuse to take the tests, but if they do, they will face sanctions such as the immediate suspension of their driver’s license and other penalties. Court challenges of the results of these tests do occur. The validity of breathalyzer tests is often challenged due to improper calibration of the breathalyzer or mishandling of blood samples. Medications or certain medical conditions can also affect the results.

Legal Rights During Testing

Understanding your rights during field sobriety and chemical tests is crucial. You have the right to consult with an attorney before taking a chemical test, and it is advisable to do so. If you believe the tests were administered improperly or your rights were violated, an experienced DWI lawyer can challenge the validity of the tests and the procedures followed by law enforcement.

Challenging Test Results

Challenging the results of field sobriety and chemical tests is a common defense strategy in DWI cases. An experienced lawyer can scrutinize the administration of these tests, the qualifications of the officer, and the accuracy of the equipment used. Any discrepancies or procedural errors can be used to question the reliability of the test results, potentially leading to reduced charges or a dismissal of the case.

FAQs About Kenansville, NC DWI Laws

How Do I Win a DWI Case in NC?

To prevail in a DWI case in North Carolina, the defense must raise doubts about the prosecution’s evidence, reveal flaws in the sobriety tests, and detail procedural errors committed by police. Was the traffic stop legal? Were the field sobriety tests properly performed? Was the breath or blood test accurate? The most successful defenses require a combination of legal skills and forensic research.

Do I Need a Lawyer for a DWI in NC?

While you can represent yourself in a DWI case, having a lawyer will greatly improve your chances of a favorable outcome. DWI laws in North Carolina are quite complicated. A lawyer can help navigate the system and the evidence, gain plea deals, advocate for a lesser charge, or potentially have the charges dropped altogether.

How Much Does a DUI Lawyer Cost in NC?

The cost of a DUI lawyer in North Carolina varies depending on the complexity of the case and the lawyer’s experience. On average, more complex cases can cost significantly more than simple cases. Many lawyers, including our firm, offer consultations to discuss your case and provide a clearer estimate based on your specific circumstances.

What Are the Penalties for a DWI Conviction in North Carolina?

Penalties for a DWI conviction in North Carolina vary based on factors such as prior convictions, BAC level, and whether there were aggravating circumstances like injuries or property damage. Common penalties include fines, jail time, community service, mandatory alcohol education programs, and license suspension. First-time offenders may face lighter penalties, while repeat offenders or those with high BAC levels can expect more severe consequences. Knowledgeable legal representation can help mitigate these penalties.

Contact a Kenansville DWI Lawyer

At Silva, Kiernan & Associates, PLLC, we have represented people in almost every DWI case imaginable. We know that a DWI conviction can change the course of your life. We also know the consequences of a license suspension, hefty fines, and jail time.

At Silva, Kiernan & Associates, PLLC, we look at every step of your case, from the legality of the traffic stop to the administration and results of sobriety testing, in order to build the strongest defense possible. If you or a loved one is facing a DWI charge in Kenansville, contact us today to book a consultation.