Richlands DWI Lawyer

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Richlands DWI Attorney

Being accused of a DWI can be a scary and overwhelming process. The law takes any form of drinking under the influence very seriously, as it can lead to endangering lives and, sometimes, even ending them. Conviction of a DWI can lead to serious consequences, including expensive fees, having your license revoked, and jail time. Hiring a Richlands DWI lawyer is a great first step to take when you are charged with DWI.

What Is a DWI?

In the state of North Carolina, a DWI stands for “driving while impaired.” It is a criminal offense in all 50 states and is considered a very serious charge, therefore often leading to equally serious penalties. While people generally think of “driving impaired” as driving drunk or high, it can also include being impaired by prescription drugs. Understanding the legal implications of a DWI is crucial, and Silva, Kiernan & Associates provides the guidance needed to navigate these complex cases.

Here are some things to keep in mind regarding DWIs:

  • North Carolina considers a blood alcohol level (BAC) of 0.08% while driving to be impaired.
  • A blood alcohol level of 0.04% is considered DWI for commercial drivers.
  • Being under the influence of any dose of any illegal drug while driving is considered to be impaired.
  • Driving under the influence of alcohol under the legal drinking age may come with higher penalties.
  • In North Carolina, you can be charged with a DWI even without driving. This is because the state considers operating a vehicle to include having physical control over the vehicle. Depending on the circumstances, you may be found guilty of a DWI without being in motion.
  • Prescription drugs, such as opiates, are included when being charged with a DWI.

Knowing what counts as a DWI can help you avoid any potential future DWI charges, but if you have already been accused of anything in the list above, it is a good idea to hire a DWI defense lawyer. Their experience will help you as you build a case and collect evidence in the pursuit of having your case thrown out.

What Is the Penalty for Driving While Impaired in Richlands?

The penalty for driving while impaired may vary based on certain factors, such as whether it is your first offense and whether there are any aggravating factors, which include:

  • Having a minor in the vehicle at the time of the offense
  • Causing serious injury
  • Driving with a revoked license
  • Having prior DWI convictions within the past seven years

There are five levels of DWI severity, which are as follows:

  • Aggravated Level One (A1) DWI. This is the most severe DWI sentencing level. It applies when the driver is convicted of a DWI with three or more grossly aggravating factors. Penalties include:
    • Fines of up to $10,000
    • Serving time for 12-36 months in prison
  • Level One DWI: This is when you commit a DWI with two gross aggravating factors or the involvement of a minor passenger. Penalties include:
    • Fines of up to $4,000
    • Serving 30 days to 24 months in prison
  • Level Two DWI: This involves a DWI with one gross aggravating factor. Penalties include:
    • Fines of up to $2,000
    • Serving 7 days to 24 months in prison
  • Level Three to Five DWI: This level is for DWIs where no gross aggravating factors are involved. Penalties may vary but are generally less extreme than the previously listed levels. Penalties include:
    • Fines for up to $200 – $1,000
    • Jail time of between 24 hours and 6 months

Certain circumstances may lead to potentially avoiding prison time, so it is a wise idea to hire a DWI defense lawyer who will be able to help you pursue more preferable outcomes. Not only will they help you build a compelling and thorough case, but they will also be able to guide you step by step through an often-overwhelming legal process. It is in your interest to hire a DWI defense lawyer in Richlands and get ahead of the process. You will benefit beyond what you can imagine.

FAQs About Richlands, NC DWI Laws

How Much Is a DWI Lawyer in North Carolina?

In the state of North Carolina, the price of a DWI defense lawyer varies. Some of the elements that may impact pricing are the lawyer you choose, the complexity of your case, and the amount of time the process takes. At Silva, Kiernan & Associates, PLLC, we believe that having a skilled lawyer on your side can make a world of difference that is worth every penny and hour you may spend on your case.

Do I Need a Lawyer for DWI in North Carolina?

While you are not legally required to have a DWI defense attorney after receiving a DWI, you will definitely benefit from having one. The legal process can be confusing and overwhelming, so having an experienced DWI defense lawyer guiding you through the various legal steps and jargon can bring clarity and direction you may otherwise be unable to provide.

How Do I Get My DWI Dismissed in North Carolina?

In the state of North Carolina, a DWI charge may be dismissed if there is insufficient evidence to prove that the charge was warranted. This could include a lack of probable cause, constitutional violations, or improperly handled police procedures. Gather all of the evidence that you can and hire a DWI defense attorney to help you piece together a case with the collected evidence.

Can a DWI Be Reduced in North Carolina?

Unfortunately, DWIs do not qualify for charge reduction in the state of North Carolina. An experienced, local DWI defense lawyer can help you build your case and navigate the various legal steps of handling your DWI charge. They will be able to create a compelling case and guide you through the legal process that lies ahead.

Start Building Your Case Today

Silva, Kiernan & Associates, PLLC, has a team that is ready to help you ease the stress, sift through the confusion, and build a case that enables you to pursue your desired outcome. Contact us for a consultation today.

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