16 November

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How a DUI can hurt your education and career

You might choose to party and drink socially to have fun and let go of the stresses of your academic studies or job. However, driving after such drinking is never worth the serious consequences. At minimum you face license suspension, hefty fines, jail time and even loss of your education and career opportunities. Impact on employment When applying for jobs, your employer might ask if you have a misdemeanor or felony conviction or run a background check. For instance, if you intend to work as a licensed professional such as a pharmacist, doctor, attorney or nurse, a DUI on your record may prevent you from...

23 April

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When is a DWI upgraded to a felony charge?

Posted by Chris Proffitt

in criminal defense, DWI/DUI

There is a whole slew of variables and factors that could change an allegation of driving while impaired to a felony charge. DWI (Driving While Impaired) charges in North Carolina carry historically higher penalties than DUIs (Driving Under the Influence). Even with an otherwise clean record, there are several important considerations for what criteria a court may cite when categorizing an offense. Understanding the DWI category stratification In North Carolina, several additional components of a charge that could increase the penalties involved in a DWI and turn what would otherwise be a misdemeanor into a felony. These factors are called ‘grossly aggravating...

11 April

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Can I get arrested for biking while intoxicated?

Posted by Chris Proffitt

in criminal defense, DWI/DUI

We all know you will be arrested if you drive your car with a blood alcohol content of 0.08 or greater. We know you will be arrested if you are over the limit and are driving a motorcycle, ATV or boat. But what if you are in control of a bicycle and you are over the limit? Can you be arrested for Driving While Bicycling? In North Carolina, the answer is yes. A danger to yourself or others The question police officers must ask is if you are a danger to yourself or others. If the answer is yes, then they will stop you...

17 December

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How can underage drinking affect your child?

Posted by Chris Proffitt

in criminal defense, DWI/DUI

North Carolina is strict on underage drinking compared to some states. If your child is charged with underage drinking, you may be wondering what could happen and how might it affect your child’s future. You don’t want one mistake to ruin your child’s future. Here are a few facts you should know about underage drinking: The law. No one under 21 years of age can possess, purchase or attempt to purchase alcohol. Violations are a class 1 misdemeanor. The Department of Motor Vehicles can revoke someone’s driver’s license, if convicted. Prosecutors may increase possession charges to a class 3 misdemeanor...

29 June

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Here’s what college students say about their drinking habits

Posted by Chris Proffitt

in criminal defense, DWI/DUI

You’d be hard-pressed to find a North Carolina college campus where zero percent of the student-body drinks alcohol. Even dry campuses report issues that are alcohol or drug-related. In order to better understand alcohol statistics in colleges throughout the nation, it helps to analyze why students drink in the first place. Your reasons for consuming alcohol on or off-campus may not be the same as your roommate’s; however, many students agree that certain factors significantly impact their choices. If you’re age 21 or beyond, you may legally drink alcohol, provided you are adhering to your own campus’s rules. However, many students...

29 September

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Underage? Repeat offender? Specific factors may impact DUI charge

Posted by Chris Proffitt

in DWI/DUI

Many facets can go into a charge for driving under the influence. Your age, criminal record, actions during the arrest and numerous other factors could impact the type of allegations with which police could potentially charge you. Because of the uncertainty that comes along with a DUI stop, you may wonder about the severity of your particular case. Even if you do not feel impaired, you could still face criminal charges for DUI. Officers may base their decisions on a variety of aspects, and you may need to gain information on what led to the charges in order to better know...

22 January

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Field Sobriety Tests – Driving While Impaired

Posted by Chris Proffitt

in DWI/DUI

One of the first things we talk about in consultations with new clients is whether they were given field sobriety tests before the law enforcement officer charged them with Driving While Impaired. What is a Field Sobriety Test and what makes one Standardized? These are very good questions. Just today I interviewed an officer who had not received standardized field sobriety test training and was administering tests that have never been scientifically validated. The true difference between a field sobriety test and a standardized test is that the standardized test has been scientifically validated. Standardized Field Sobriety Tests include: Nystagmus testing – both...