DWI Lawyers Greensboro NC
If you have been detained for a DWI, you are overwhelmed. DWI charges are severe, and the laws are complicated. Clifford and Harris Trial Lawyers are here to help you.
Our Greensboro NC DWI defense lawyers comprehend what you are undergoing. We have seen it countless times over the years. We know the law and the best methods to craft a defense to protect you in the justice system with best possible outcomes.
We have been trusted over the decades by customers from all professions: college students, office workers, specialists, and retired people.
Greensboro DWI Defense Lawyers Defending Your Rights
A DWI is often charged as a misdemeanor in North Carolina. However, it’s not a small crime. A DWI is no normal offense, and it can be rather serious, including extended jail time, high fines, and suspension of your driver’s license.
A DWI can be a felony if there’s a fatality or are a repeat offender. The North Carolina Legislature is continuously considering ways for harsher penalties.
Under North Carolina law, impaired driving is specified as driving with a blood-alcohol content of 0.08 (0.04 in a commercial vehicle) or any amount of a street drug such as heroin or PCP.
Pursuing Every Defense
In each DWI situation, our DWI defense lawyers participate in considerable pre-trial examination and discovery to find evidence beneficial to your defense.
To get a sentence, the state has several steps, from the traffic stop through testing. Our attorneys see to it that the police and prosecutors adhere to the law at every step:
- Did the cop have probable cause to pull you over?
- Were the roadside tests conducted according to protocols??
- Was the testing equipment maintained and calibrated the right way?
- Were you read your rights before they asked questions?
- Did prosecutors meet deadlines?
Our lawyers pursue every option and stand by you.
Ever-Changing Laws
Penalties and legal requirements that impact a drunk driving defense are always changing.
It seems new laws are proposed every year. If you or a loved one is arrested for impaired driving, you need an attorney on the cutting edge of DWI law, so you benefit from the most current strategies.
Our law firm never stops researching and monitoring legal trends so we can protect our clients’ interests.
DWI Penalties
A sentence for driving while impaired by alcohol or drugs threatens you on several fronts.
Clifford and Harris, DWI lawyers in Greensboro, put the full force of its more than 6 decades of consolidated experience to work to safeguard you from each threat.
The damage for you can include:
- Jail time and fines
- Losing your license
- Regular alcohol testing
- An ignition interlock
The court can consider the severity of all factors and sentence you as necessary. This is where an experienced attorney can assist. Our attorneys explain the facts and scenarios.
Charges and legal requirements that impact a dwi defense are always transforming. It seems brand – new laws are proposed yearly.
If you or a loved one is apprehended for damaged driving, you need an attorney on the cutting edge of drunk driving regulation, so you take advantage of one of the most existing approaches.
Our law firm never ever stops looking into and keeping an eye on lawful trends so we can shield our clients’ interests.
Attorneys Who Know DWI Law
An arrest for driving while intoxicated is significant, but it is not without hope. We have the experience and understanding to guard your legal rights in court.
We provide a complimentary preliminary consultation in most circumstances, so you have no risk.
Contact Clifford and Harris Trial Lawyers at 336-574-2788 or online today. Let us help.
DWI FAQS
Can I Refuse The DWI Test at the North Carolina Police Station?
You can refuse the DWI breath test at the police station in North Carolina – but it comes with consequences.
Once you’re brought to the station after an arrest, officers will read you your rights and ask you to take a more precise breath test known as the Intoximeter. Refusing this test triggers a statutory one-year license revocation. However, under certain conditions, you might be able to get limited driving privileges after six months.
That said, refusal doesn’t mean your DWI charge goes away. The court may still use other evidence against you.
Can I Refuse Roadside DWI Tests in North Carolina?
Yes, you can legally refuse roadside DWI tests in North Carolina, such as the walk-and-turn or one-leg stand. There is no statutory punishment for refusing these tests. However, officers may assume you are impaired and choose to arrest you based on other observations.
Refusing roadside tests means the state will have less evidence to use against you in court.
Without those results, it may be more difficult for the prosecution to prove impairment beyond a reasonable doubt.
How North Carolina Punishes Repeat DWI Offenders
North Carolina takes repeat DWI offenses seriously, and the penalties become more severe with each conviction. The timing of your prior offenses plays a big role in the level of punishment.
A Level Two DWI sentence carries a minimum of seven days in jail, with a maximum of up to one year.
Level One punishment increases that to a 30-day minimum. If you are sentenced under Aggravated Level One – the most serious – you face at least 120 days in jail.
In some cases, you may be eligible to substitute inpatient alcohol treatment for jail time.
If approved, each day in a treatment facility counts as one day served in custody, offering an alternative route to rehabilitation.
Penalties for North Carolina DWI First
In North Carolina, a first-time DWI offense typically results in 12 months of unsupervised probation. The judge will suspend your sentence, meaning jail time is on hold unless you violate probation terms. As part of your probation, you’re required to undergo a DWI assessment and complete any recommended treatment. You must also complete either 24 hours of community service or spend 24 hours in jail, and pay all court costs. Your driver’s license will be revoked for one year, although you may qualify for limited driving privileges. Additionally, expect a significant increase in your car insurance premiums.
How Hard Is It to Prove Drug DWI in North Carolina?
It is not difficult to prove a drug DWI in North Carolina. If an arresting officer suspects that a person is under the influence of drugs, they will take them to the hospital for a blood draw. If the accused does not consent, the officer can obtain a search warrant signed by a judge, allowing a mandatory blood draw. The blood sample is then sent to a lab for analysis. This process does not make it any harder for the state to prove a drug DWI charge.
Are There Prescription Drug DUIs in North Carolina?
North Carolina does not distinguish between prescription drug and alcohol DUIs. Driving under the influence of prescription medication that causes impairment is treated the same as alcohol-related DUIs. However, if prescription drugs are controlled substances obtained illegally, this can lead to additional sentencing consequences.
What is an Under 21 DWI in North Carolina?
The legal blood alcohol concentration (BAC) limit in North Carolina is 0.08 for anyone aged 21 or over. For those under 21, the legal limit is 0.00. If you are under 21 and caught driving with any alcohol in your system, you can face a separate charge. Although it is considered less serious than an adult DWI, it still results in penalties.
One key punishment is a mandatory loss of your driver’s license for at least one year, with no eligibility for limited driving privileges during that time. This means even a 20-year-old who works and supports a family may be unable to drive to work.
North Carolina Traffic Stop Advice
If the police pull you over and you have been drinking, stay polite and follow their instructions. You don’t have to comply with everything they ask, such as answering questions or taking roadside tests, but never be rude. Remember, officers have a job to do. Even if you disagree with their actions, causing trouble will likely make things worse.
It’s not illegal to drive after drinking—it is illegal to drive while impaired. Officers often say that people tell them they haven’t been drinking, but the smell on their breath tells a different story. This leads them to believe you are hiding something. If you take a breath test and blow anything over 0.00, the officers may assume you lied and are impaired. Therefore, it is advisable to invoke your right to remain silent and refuse the roadside tests.
Can I Remain Silent North Carolina Traffic Stop?
You have the constitutional right to remain silent during a traffic stop. This means you do not have to say anything that might incriminate you. Providing your name and basic biographical information is allowed and does not count as self-incrimination. However, avoid answering questions about the details of your activities or anything related to the potential case. It’s best to politely decline to discuss these matters.
When Do Cops Have to Read Miranda Rights in North Carolina?
Clifford and Harris Trial Lawyers often encounter clients confused about when officers must read Miranda rights. Many report being arrested for a DWI but never receiving a Miranda warning. In North Carolina, police are not required to read your rights immediately or simply upon arrest. They must read your Miranda rights only if you are in custody and being questioned. If you volunteer information without being prompted, a Miranda warning is not necessary. Not receiving a Miranda warning does not automatically mean your case will be dismissed. However, you do have the right to remain silent during the initial stop.
What Happens During a North Carolina DWI Arrest?
Traffic stops usually begin due to a traffic offense, such as speeding. If the officer suspects impairment, they observe the driver closely. They look for signs like slurred speech, flushed face, the smell of alcohol, or any evidence inside the vehicle suggesting drinking or drug use. The officer may ask the driver to exit the vehicle and perform roadside sobriety tests. Based on the overall situation, if the officer has probable cause, they will make an arrest. The arrested person is then taken to the police station, where they are offered a breath test. If the impairment involves controlled substances, they may be taken to a hospital for a blood draw. Finally, the person appears before a magistrate, who issues the DWI citation.
How Long Does a North Carolina DWI Case Take?
Every DWI case is different, so the length varies. Some cases resolve quickly, especially if there is a vehicle seizure and motions are filed to speed up the process. Typically, a case takes a couple of months to resolve. However, if court dates are needed, it can take three or four months or longer. The timeline depends on the specific facts and the county where the case is filed.
What is an Administrative License Suspension in North Carolina?
An administrative license suspension in North Carolina is called a civil revocation. When you get a DWI, you blow into the intoximeter machine. If the result is 0.08 or higher, the state can issue a 30-day civil revocation. The same applies to blood test results. In certain cases, it may be possible to shorten the suspension period. You can apply for a limited driving privilege, which allows you to drive during the last 20 days of the 30-day civil revocation.
Can a North Carolina Driver’s License Suspension Be Challenged?
A driver’s license suspension in North Carolina can be challenged, but the law requires you to act quickly. It’s crucial to hire a DWI defense attorney right away to avoid missing the window to contest the civil revocation. Attorney Andrew Clifford will file a motion to challenge the validity of the suspension, which is then heard by a magistrate. Sometimes, the police improperly issue the revocation. For example, if there is a blood test, an officer might revoke the license prematurely before the results come back. This mistake can be contested to attempt to have the driver’s license returned.
Can a North Carolina DWI Charge Be Dropped?
In most cases, a DWI charge in North Carolina will only be dropped if the arresting officer is unavailable for court. In Guilford County, for example, the District Attorney (DA) has a strict policy not to reduce or dismiss DWI charges when evidence supports the prosecution. While a DA technically can dismiss a charge due to lack of evidence, that rarely happens. DWI is a high-profile issue, and state prosecutors receive grant funding from organizations such as MADD to support their work. These funds help pay for assistant DAs and improved legal processes. As a result, most DA offices adopt firm policies to pursue every DWI case, making dropped charges uncommon.
Are There DWI Plea Deal in North Carolina
Plea deals for DWI charges in North Carolina are limited. The most common offer is pleading guilty to the DWI in exchange for dismissing related, less serious charges. For example, if you’re stopped for speeding and that leads to a DWI arrest, the District Attorney may agree to drop the speeding ticket or any other charges that occurred during the stop. However, the DWI charge itself is rarely reduced or dismissed as part of a deal, especially if it’s the most serious offense. In cases involving aggravated DWI, such as those causing serious injury or death, even ancillary charges may remain due to the severity.
Common DWI Defense Strategies in North Carolina
At Clifford and Harris, one of the most effective ways to defend a DWI charge is by challenging whether there was probable cause for the initial traffic stop and the arrest. Under the Fourth Amendment, an officer must have a reasonable and clearly stated suspicion of a crime or motor vehicle offense before stopping a vehicle. If that suspicion was not valid, the entire case can be undermined. The officer’s observations – such as red, glassy eyes, slurred speech, the smell of alcohol, or the driver’s performance on field sobriety tests – must collectively justify the arrest.
If these details are inconsistent or poorly documented, they can be challenged in court. We also review whether the stop was legally justified from the outset. Without that legal basis, any evidence gathered after the stop may be inadmissible.
Can a Medical Condition Affect Test Results?
Certain medical conditions, such as diabetes, can impact how someone appears during a traffic stop. For example, a person in diabetic shock may exhibit signs that resemble impairment – slurred speech, confusion, or unsteadiness. In such cases, officers might suspect DWI and proceed with an arrest. However, if a blood test is taken and comes back negative – showing no alcohol, drugs, or controlled substances – this becomes a strong basis for defense.
The results support that the driver’s condition was medical, not related to drug or alcohol use.
How Does a Lawyer Help Those Charged With a DWI?
At Clifford and Harris, defending a DWI case starts with a thorough review of all paperwork and speaking with the arresting officer to understand their perspective. This step helps clarify the officer’s reasoning for the stop and the arrest. Next, the team reviews the body camera footage. This can be the strongest evidence for or against the defendant. Unlike in the past, when attorneys had to rely solely on an officer’s written report or testimony, body-worn cameras provide a real-time view of how a client looked, sounded, and behaved.
If the footage shows the client appearing normal and coherent, it can be used to challenge the arrest. On the other hand, if the footage supports the officer’s claims, the legal strategy may shift accordingly. The body cam is now a vital tool in defending a DWI charge.
Can I Defend Myself Without a North Carolina DWI Defense Attorney?
You do have the legal right to represent yourself in a North Carolina DWI case – but it’s not advisable. DWI law is highly complex and filled with procedural details that can easily trip up someone without legal training. Attorney Andrew Clifford strongly discourages self-representation. The court system can be unforgiving, and without proper knowledge, individuals may find themselves at a serious disadvantage.
In short, even if the offense happened elsewhere, it’s unlikely to be ignored.