10 April

Sticky

3 times the state can pursue DWI felony charges

Motorists accused of chemical impairment at the wheel may face driving while impaired (DWI) charges, which some other jurisdictions call driving under the influence (DUI) charges. Frequently, DWI defendants face misdemeanor charges. The penalties that the state may impose depend in part on the outcome of the crash and the personal record of the accused driver. Prosecutors tend to push for the most serious charges that they can legally justify and may seek the harshest penalties possible as well. In a few scenarios, state prosecutors may be able to file felony DWI charges against motorists. When can impaired driving be classified as...

26 February

0 Comments

Sticky

What to do if you’re pulled over after drinking and driving

Posted by Chris Proffitt

in DWI/DUI

Seeing flashing lights in your rearview mirror can be nerve-wracking, especially if you just had a few drinks too many. Understanding the next steps to take can be confusing, but from the moment the officer steps up to your vehicle, every action you take matters. Knowing your rights and staying calm can help protect you from making costly mistakes. The next steps DUI stands for “driving under the influence” and it typically refers to operating a vehicle like a car or truck while impaired by alcohol or other substances. It’s illegal and can lead to serious Fines and even jail time. When you’re first...

05 August

0 Comments

Sticky

Don’t drink and drive on Labor Day weekend

Posted by Chris Proffitt

in DWI/DUI

Labor Day weekend is fast approaching and many people are planning one last big summer celebration. While it’s a fun way to bid farewell to the summer months, it can also be a dangerous time to be behind the wheel of a car if you indulge in alcoholic beverages. North Carolina law enforcement will be out on the road and at sobriety checkpoints, as they work to ensure that everyone is safe on the road. By planning ahead now, you can enjoy the holiday and arrive home safely at the end of the night. Tips to enjoy a safe celebration One of the...

13 February

0 Comments

Sticky

How aggravating and mitigating circumstances can affect your DWI case

Posted by Chris Proffitt

in DWI/DUI

A criminal charge for driving while intoxicated (DWI) can lead to penalties such as jail time, fines and even the suspension of your driver’s license. But did you know that certain factors surrounding your case can affect the severity of these penalties? When facing a DWI charge in North Carolina, the specific details of your situation can heavily influence the outcome of your case. Recognizing the role of aggravating and mitigating circumstances can help you understand the potential ramifications of your charge. Aggravating circumstances Aggravating factors are elements of your case that can lead to harsher penalties. According to state law, aggravating factors...

28 June

0 Comments

Sticky

When does a DWI become a felony?

Posted by Chris Proffitt

in criminal defense, DWI/DUI

In North Carolina, you can get a driving while impaired (DWI) charge if you operate a vehicle while under the influence of alcohol or certain controlled substances, such as drugs. Although DWI generally falls under misdemeanor criminal offenses, certain factors can turn it into a felony charge. DWI as a misdemeanor People who operate a vehicle with a blood alcohol concentration (BAC) level of .08% or higher or any amount of certain controlled substances usually get a misdemeanor DWI charge. This charge goes from level one to five; level one is the worst and has the heaviest penalties, and level five is...

15 December

0 Comments

Sticky

Can you face DWI charges for driving a golf cart drunk?

Posted by Chris Proffitt

in DWI/DUI

If you are an avid golfer, you undoubtedly love living and playing in North Carolina. Getting a tee time on a busy course can be exceedingly difficult in the summer, however. Fortunately, most of the state’s golf courses are open year-round, except during inclement weather. Regardless of when you choose to play, you might want to enjoy some beer, wine or cocktails on the course. If so, you should probably let someone else drive the golf cart. After all, like in other places, you can face criminal charges for driving a golf car while impaired. North Carolina’s DWI law According to the North...

10 October

0 Comments

Sticky

What could occur if I refuse to submit to a breath test?

Posted by Chris Proffitt

in DWI/DUI

North Carolina’s statutes require motorists to submit to a breath test when pulled over by law enforcement officials. If stopped for an alcohol-related offense, refusing a breath test could result in a loss of driving privileges. North Carolina’s Department of Public Safety website notes that by not complying with an officer’s breath test request, you may find your driver’s license revoked for 30 days. Even if the court determines you did not drive while impaired, refusing a breath test could leave you without a license for up to one year. When may I ask the judge to restore my driving privileges? Motorists facing...

24 June

0 Comments

Sticky

Handling DWI charges as a commercial motor vehicle driver

Posted by Chris Proffitt

in DWI/DUI

If you drive a large truck or another type of commercial motor vehicle (CMV), it is important to understand the drunk driving laws in this state. North Carolina has a zero-tolerance policy for those who operate commercial motor vehicles, which means that commercial drivers can face serious charges even if they have a very small amount of alcohol in their system. Additionally, you should understand how these allegations could disrupt your career and other aspects of your life. Commercial motor vehicle drivers and DWIs The North Carolina Department of Public Safety states that there is zero tolerance with respect to drunk driving for...

17 January

0 Comments

Sticky

Adult drug treatment court – an overview

Posted by Chris Proffitt

in criminal defense, Drug Charges, DWI/DUI

For people struggling with drug dependency issues, traditional courts and criminal penalties often do not serve their needs or aid with avoiding recidivism. As an alternative, several counties throughout North Carolina offer adult drug treatment court programs. Understanding the adult drug treatment court program may help people facing criminal charges determine if they will benefit from participation. Who is eligible to participate? According to the North Carolina Judicial Branch, to participate in the adult drug treatment court, people must meet certain eligibility criteria. To qualify for admittance into the program, people must have the following: A diagnosis of chemical dependency or borderline chemical dependency...

04 January

0 Comments

Sticky

What are the penalties for a first-time DWI in North Carolina?

Posted by Chris Proffitt

in criminal defense, DWI/DUI

During the last few weeks, many Asheville residents have celebrated the Christmas and New Year’s holidays. As part of that, they may have had a few festive drinks – maybe some spiced eggnog or hot buttered rum or mulled wine. If you were one of those who went to a small gathering, drank a little more than you should have and then ended up facing a first-time drunk driving charge, you may be wondering what penalties you’ll face with a conviction. In North Carolina, a first-time DWI (driving while impaired) offense can include the following consequences: Paying a $200 fine Spending between 24 hours and 60...