What Percentage of DWI Cases Are Dismissed in North Carolina?

Facing driving while impaired (DWI) charges in North Carolina is a serious matter. As recent public campaigns have incited stronger drinking and driving stances, so have prosecutors. As a result, DWI penalties have become much harsher in recent years. If you are wondering what percentage of DWI cases are dismissed in North Carolina, a Charlotte DWI defense attorney can provide the answers you need.

What Is a DWI?

In North Carolina, DWI is the official legal term that describes driving while impaired. Many people think that a DWI means that you are under the influence of illegal substances or alcohol, but any impairment may qualify for a DWI, including certain prescription drugs. In many other states, the term DUI is used instead, so you may hear the terms interchangeably, but the legal use is DWI.

The penalties for DWI can differ depending on the circumstances of your case. Fines can range from $200 for the least severe offense up to $10,000 for the most severe offense. Penalties can also include jail time from 60 days to years, depending on the circumstances of your case. Whether or not it is your first offense can also make a difference in charges and penalties. The outcomes of DWI cases vary, but there is a possibility that you will have to go to the local DWI Treatment Court.

DWI Dismissals

According to statistics from the North Carolina Administrative Office of the Courts, in 2019, the courts dismissed 26.9% of DWI cases. Although that percentage is enough to offer hope, it also highlights the fact that the courts do not dismiss most DWI cases.

The North Carolina Administrative Office of the Courts statistics indicated that 7% of DWI dispositions studied in a different year were not guilty verdicts, 4% were magistrate findings of no probable cause, 22% were voluntary dismissals by the prosecutor, and 7% were dismissed with leave.

Having a DWI dismissed can be a complicated process, and each case is unique in its circumstances. If you are facing a DWI charge, it is important to speak with your attorney, who can help identify potential areas of your case that could invalidate your charges.

Common Defenses for DWI Dismissal

The complexities of a DWI case make navigating all the components of the charges difficult. However, all the moving parts associated with the charges allow for multiple opportunities to ensure law enforcement and the judicial process were done right. In instances where there are questions or uncertainty about processes, procedures, or the protection of rights, there are opportunities to have the charges reduced or dismissed.

The unique factors of your case determine whether your case will be dismissed. For example, if there are errors in the traffic stop or testing process, there is a good chance your case may qualify for dismissal. The details matter, and a skilled attorney can help you determine if dismissal can work for your case.

Depending on the circumstances of your case, our experienced DWI attorney may be able to successfully build your case for dismissal. Some common ways to do this include proving:

• The suspect was not given the opportunity to contact an attorney during the DWI investigation
• Breath alcohol testing can be inaccurate
• An illegal stop of a person or a vehicle
• The field sobriety test is inaccurate or invalid
• No evidence of the suspect driving the vehicle or being in actual physical contact
• Officer training was not properly documented or completed

Trying to understand complex DWI laws and apply them to your case can be daunting. Instead, it is wiser to leave the legal matters to a knowledgeable professional who is familiar with the local courts and legal system. Our legal team can ensure dismissal is an option if evidence allows.

Hire a DWI Lawyer

A DWI charge can be a stressful and life-changing experience. Fortunately, there are ways to defend against DWI allegations, and a strong DWI attorney can provide the skills to help guide your case in the right direction.

Every day, about 34 people in the United States die in drunk-driving crashes. The law has not become more lenient on DWI charges in recent years, and there is no reason to expect changes. If you are charged with DWI, before talking to the police or answering anyone’s questions, seek out the guidance of a reputable law firm to help you with your case.

The Law Office of Kevin L. Barnett can uphold your legal rights and do everything in our power to fight for you. In addition to contesting evidence against you, we can allow you to drive while the matter is being resolved and get more lenient terms when possible.

FAQs

Q: Can You Get a DWI Dismissed in North Carolina?

A: You can get a DWI dismissed in North Carolina, but it depends on the specific circumstances of your case. One of the most common reasons for DWI dismissal or reduction in North Carolina is a violation of constitutional rights. If the police did not have legal grounds to stop you or failed to inform you of your rights, the court could throw out your case or reduce your penalties.

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

A: It is possible the court may dismiss your DWI charges, but this is not guaranteed. Statistically speaking, it is not even a common occurrence. With that said, your attorney can explore all dismissal options in their entirety to ensure your case strategy includes dismissal if it qualifies. If your case involves constitutional violations or police misconduct, there is a greater chance that the court will dismiss your DWI charges.

Q: How Often Does a DWI Case Get Dismissed?

A: Courts dismiss DWI cases occasionally, but it does not happen frequently. According to statistics from the North Carolina Administrative Office of the Courts, in 2019, the court dismissed 26.9% of DWI cases. If you are wondering whether your DWI case qualifies for dismissal, you should talk to a DWI attorney as soon as possible to discuss the details of your situation.

Q: What Is the Most Common Plea for DWI?

A: The most common plea for a DWI involves reducing the charges to reckless driving. The reason for this is that it usually allows you to keep your driver’s license. For many individuals, this also means keeping their employment. A DWI can have severe consequences, so although reckless driving still may not look great on your driving record, it is generally better than a DWI.

Schedule a Free Consultation

When you need to hire a DWI lawyer to handle your DWI case, not just any North Carolina DWI attorney will do. Instead, trust The Law Office of Kevin L. Barnett to help you navigate complex DWI laws with their dedicated legal experience and local knowledge. The sooner you reach out, the sooner we can begin building your case. Contact us today to schedule your free consultation.