Surf City DWI Lawyer

Surf City DWI Attorney

Driving while impaired (DWI) in North Carolina can have serious consequences, including hefty fines, license suspension, and jail time. At Silva, Kiernan & Associates, PLLC, an experienced Surf City DWI lawyer can provide the legal representation you need to navigate this challenging time.

Whether this is your first DWI charge or you have prior offenses, we can build a strong defense to achieve the most favorable outcome for your case.

What Is a DWI/DUI in Onslow County?

In Onslow County, North Carolina, a person may be charged with a DWI if they operate a motor vehicle while having a blood alcohol (BAC) concentration of 0.08% or higher. Anyone impaired by alcohol, drugs, or a combination of both is susceptible to a DWI charge.

The consequences of a DWI conviction depend on different factors, including the driver’s BAC level, number of prior convictions, and whether any injuries or property damage was reported. North Carolina uses a sentencing structure based on levels, with Level 5 being the least severe and Level 1 being the most severe.

Consequences of a DWI Conviction

Even though DWI falls under traffic law, the penalties come with potentially life-altering consequences. North Carolina’s sentencing system is complex, and your exact charge will depend on mitigating factors, aggravating factors, and grossly aggravating factors.

Beyond these immediate penalties, a DWI conviction can have long-term consequences, such as difficulties in finding employment, obtaining housing, and qualifying for professional licensure.

• Level 5: This is the lowest charge for a DWI. It carries a minimum term in jail or doing community service and a fine.
• Level 4: The penalties are largely the same as they are in Level 5, except the fine may be larger.
• Level 3: In this level, the minimum penalties slightly increase, but the fine is similar to that in Level 4.
• Level 2: The minimum time in jail is much longer, and the fines increase substantially.
• Level 1: The penalties here can be twice the severity of a level 2 offense.
• Level 1 Aggravated: This level contains the most severe penalties, and a convicted offender may face a few years in prison and thousands in fines.

Grossly aggravating factors, such as driving with a minor passenger or prior DWI convictions, can significantly influence sentencing. For example, one grossly aggravating factor elevates the charge to Level 2, and two factors elevate it to a Level 1. Understanding these levels and their potential penalties underscores the serious consequences of a DWI conviction in North Carolina.

Defending Against a DWI Charge

Defending against a DWI charge requires a thorough understanding of state law as well as solid evidence to back your case. A strong defense starts with evaluating whether law enforcement followed procedure during the traffic stop, arrest, and testing process. For example, police must have reasonable suspicion to pull you over, and any violation of your constitutional rights, such as an unlawful stop or improper handling of evidence, could lead to a dismissal of your charges.

Challenging the accuracy of the breathalyzer or blood tests is another common defense strategy, as any errors in calibration, maintenance, or administration could vary the results. Similarly, factors like medical conditions and medications may affect the test’s reliability.

To convict you, the prosecution must prove your impairment beyond a reasonable doubt, which involves questioning the validity of the field sobriety tests and witness testimony. A skilled DWI lawyer in Surf City can challenge evidence and negotiate for reduced charges or alternative sentencing. With the right approach, they can assert your rights and minimize the impact of a DWI charge.

The Onslow County DWI defense attorneys at Silva, Kiernan & Associates, PLLC, have a comprehensive understanding of DWI law and the charges you’re facing. We can build a strong case to challenge the charges against you and minimize their impact on your life.

FAQs About Surf City, NC DWI Laws

How Much Does a DWI Lawyer Cost in North Carolina?

The cost of hiring a DWI lawyer in North Carolina varies depending on several factors, such as the complexities of the case, the attorney’s experience, and whether the case proceeds to trial. Additional costs may include court filing fees, fines, and fees for any expert witnesses if necessary. Working with a skilled DWI lawyer can save you money in the long term by potentially reducing or eliminating your penalties.

Do I Need a Lawyer for a DWI in North Carolina?

Hiring a lawyer for a DWI charge in North Carolina is necessary due to the complexity of the state laws and the serious penalties involved. A DWI conviction can lead to jail time, license suspension, fines, and an increase in insurance rates. An experienced lawyer can assess the evidence, identify weaknesses in the prosecution’s case, and negotiate for reduced charges or alternative sentencing.

How Do I Get My DWI Dismissed in North Carolina?

To get a DWI charge dismissed in North Carolina, your attorney must find weaknesses in the prosecution’s case. Common defenses include challenging the reason for the traffic stop and questioning the accuracy of the field sobriety tests. If evidence was unlawfully obtained, your attorney may file a motion to suppress it, which could lead to a dismissal of your case. A dismissal is never a guarantee, but having a strong defense attorney can increase your chances of obtaining one.

Can a DWI Be Reduced in North Carolina?

A DWI can be reduced in North Carolina to a lesser office, such as reckless driving, depending on the circumstances of your case. Factors influencing this decision might include BAC levels, prior criminal records, and whether any aggravating factors were present. An experienced DWI defense attorney can negotiate with prosecutors and present evidence in your favor to try to reduce your DWI charge.

Contact the Surf City DWI Lawyers at Silva, Kiernan & Associates, PLLC, Today

Facing a DWI charge can be overwhelming. The Surf City DWI lawyers at Silva, Kiernan & Associates, PLLC, offer compassionate legal representation throughout the legal process. We can thoroughly evaluate your case, build a personalized defense strategy, and fight to protect your rights and future.

Contact us today to schedule your consultation and let us provide the support you need during this challenging time.