How Difficult Is It to Beat a DWI Charge in North Carolina?

Facing charges involving driving while impaired (DWI) in North Carolina comes with some of the harshest penalties. As recent public campaigns have incited stronger opinions against driving while under the influence of drugs or alcohol, charges for DWI are becoming increasingly more and more scrutinized. If you are wondering how difficult it is to beat a DWI charge in North Carolina, a Charlotte DWI defense attorney can help.

What Is a DWI?

In North Carolina, a DWI is the official legal term to describe driving while impaired by alcohol or drugs. The outcomes of DWI cases vary, but there is a possibility that you will have to go to the local DWI Treatment Court located within the North Carolina Judicial Branch of the court system. Different counties have different physical locations, and each location is available through the website.

While more familiarly referred to as DUI in various places around the country, North Carolina uses the term DWI. You can expect all official legal paperwork and references to use the term DWI in North Carolina.

How To Beat a DWI Charge

If you are charged with a DWI, there are steps you can take at the scene to help protect yourself. These include:

• Do not let the stress of the situation alter your behavior. Remain calm and collected.
• Do not make any statements that may imply you are guilty of anything.
• Note everything you can about the scene, including time of day, where the stop was made, and even why you were stopped.
• Invoke your right to an attorney before you answer any questions
• Speak to an attorney to discuss the details of your case and next steps

Facing a DWI is never easy, but there are steps you can take to make the situation less stressful than it needs to be. This may be an isolating time, but remember, you are not alone. In 2024, North Carolina registered 24,694 DWI convictions. With a solid legal team by your side, there are many strategies and defenses to consider for your case.

Common DWI Defenses

When you are working with a strong criminal defense attorney on your DWI case, they have the tools and resources to design a defense strategy that can help you avoid penalties. In North Carolina, available legal defenses include:

• The traffic stop. For a DWI charge, the stop must be initiated by a moving violation or other valid rationale for stopping you.
• Challenge testing. Both blood and breath tests come with significant variables that could be challenged in court. These include the way the blood is drawn, the transport of it, or even the quality of testing. For breath tests, there could be challenges to the calibration of the machine, the officer training, and more.
• Medical conditions that affect test results

As soon as you contact our office, we are ready to start building your defense. About 40% of total crash-related fatalities in North Carolina involve impaired drivers, but more than half of them do not. No two cases are the same, and we understand that. That is why we want to take the time to examine every aspect of your case closely, yet with urgency, to ensure we can build the strongest defense possible.

Hire a DWI Lawyer

When you are trying to navigate DWI laws and figure out what to do with your DWI case, you need to speak to a DWI defense attorney as soon as possible. This is particularly important before answering any questions with the police.

When you work with a North Carolina DWI attorney, you gain the help of someone who is knowledgeable and experienced in navigating complex DWI laws and working on DWI cases. Legal help means having a stronger defense strategy against your charges. A strong DWI attorney can begin building your case, start recommending proactive measures, review evidence, and analyze police conduct while the case is still just beginning.

If you are wondering how to handle your DWI charges, a knowledgeable DWI attorney can provide the legal skills to look closely at the details of your case to determine the course of action. Each situation is unique and requires the right defense strategy. As a reputable local law firm, we are prepared to explore all available defenses that may benefit your case.

At The Law Office of Kevin L. Barnett, we handle cases locally in Charlotte as well as the rest of the state of North Carolina. When you hire a DWI lawyer from our firm to work on your DWI case, we can fight for you. Everyone deserves to have their rights, freedoms, and futures defended in criminal investigations, and that is the principle that leads The Law Office of Kevin L. Barnett.

With defense strategies backed by more than 34 years of criminal defense experience and a proven track record of success, our legal team is highly trained, highly motivated, and highly recommended. When you work with our North Carolina DWI attorney, they are also convenient and accessible, making a difficult DWI situation less stressful than it needs to be.

FAQs

Q: Can You Beat a DWI Charge in North Carolina?

A: Every case involving DWI charges in North Carolina differs in severity and circumstances, and as a result, it is possible to beat some DWI charges but not others. With that said, there are some common defenses that DWI attorneys may use that can reduce your penalties even if your case cannot be dismissed. The right option is to discuss your situation with a DWI lawyer.

Q: How Likely Is it to get a DWI dismissed?

A: According to statistics from the North Carolina Administrative Office of the Courts, in 2019, the court dismissed 26.9% of DWI cases. With that said, this number does not necessarily mean that the court dismissed these cases due to a lack of evidence or other factors that could lead to a successful defense. The data is limited by the information available, so it is unknown why these cases were dismissed.

Q: How Do You Get a DWI Dismissed in North Carolina?

A: For the court to dismiss or reduce a DWI in North Carolina, there must be reasonable doubt presented that challenges the validity of the evidence. There are multiple ways this can happen, including the accuracy of police training, the legality of the traffic stop, and more. When you first talk to a DWI lawyer, they will discuss the details of your case to identify potential issues you can use for your defense.

Q: What Is the Ideal Defense Against a DWI?

A: When it comes to building an ideal defense against a DWI, there are multiple directions that a good DWI defense attorney can take. For example, some different ideal defenses may include evidence of good driving techniques, an alternative explanation for physical symptoms, prejudicial variables in the field sobriety tests, flaws in the calibration or administration of the breathalyzer or chemical test, and a lack of reasonable suspicion to make a stop.

Schedule a Free Consultation

If you or a loved one is facing charges for DWI, or you have questions about DWI laws, speak with a North Carolina DWI defense attorney from The Law Office of Kevin L. Barnett. Our team has the knowledge and experience you can count on when you need it most. Contact our team today to schedule your free consultation.