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If you have been arrested for suspicion of Driving Under the Influence (DUI) or Driving While Intoxicated (DWI), you have the right to have an attorney review your case.
Attorneys, like the lawyers of Thomas, Ferguson and Mullins, LLP, can make sure your legal rights are protected and ensure the best possible outcome for your case. Call us at 919-682-5648 or use the contact us form at the right hand side of the page to discuss your particular circumstances.
DUI/DWI is a serious offense, but there are circumstances that may influence the outcome in your favor, depending on your circumstances. Among the areas your attorney at Thomas, Ferguson and Mullins, LLP will explore are:
· Were you actually impaired?
· Did the office have a right to stop your vehicle?
· Did the officer have sufficient evidence to place you under arrest for DUI/DWI?
· Did the officer properly administer the field sobriety tests before arresting you?
· Were proper procedures followed during your arrest?
· Were proper procedures followed during any breath or blood tests?
Definition: It is illegal to drive a motor vehicle in North Carolina when you have had enough alcohol or other substance (over-the-counter, prescription or illegal) to have a concentration of .08 or higher in your blood. THis is know as Driving Under the Influence (DUI) or Driving While Intoxicated (DWI).
This is a serious offense. You are entitled to consult an attorney, like those at Thomas, Ferguson & Mullins, LLP to make sure that your legal rights are protected and that any circumstances that may influence the outcome in your favor are explored.
Immediate Consequences: If you are charged with DUI/DWI, your driver's license is revoked for 30 days. You may be eligible for a limited driving privilege after 10 days. An attorney can help you recover your license temporarily while your case is considered.
From this point, you may recover your license and have the case dismissed, or proceed to a hearing, depending on your circumstances.
Preparing for the Hearing: If there is enough evidence for your case to proceed to a hearing, you may have to obtain an alcohol assessment and alcohol counseling. An attorney can help you decide which program is right for you to help you get the best possible outcome for your case.
Punishment: If there is enough evidence to proceed to a hearing, you will face punishment for the offense. An attorney can help you ensure the best possible outcome for your case.
There are five lvels of punishment for DUI/DWI in North Carolina. Level One is the most serious, Level Five is the least serious. Where your punishment falls is determined by what are called 'Aggravating Factors' and 'Mitigating Factors'. Aggravating factors are negative factors, which may count against you. Mitigating factors are positive factors, which may go in your favor.
Cost, Fines and Community Service: If you are convicted of DUI/DWI, you can expect to face court costs and either jail time or an option of community service, depending on the severity of the conviction.
License Revocation: After your conviction, you will face a license revocation from the North Carolina Department of Motor Vehicles. You can request a limited driving privilege after a suspension, which may be granted depending on the circumstances of your case. Limited driving privileges are granted for purposes like work, community service, court-ordered treatment and school. They have time and geographic limitations.
Conclusion: DUI/DWI is a serious offense with life changing consequences. Your attorney at Thomas, Ferguson & Mullins, LLP can ensure that your rights are protected throughout the process. Call us at 919-682-5648 or use the contact-us form at the right hand side of the page to discuss your particular circumstances.
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