Sample DUI Lawyer
Sample Raleigh DUI Lawyer Page
Raleigh DUI Lawyer
Facing charges for driving under the influence (DUI) can jeopardize your future, but having a skilled Raleigh DUI lawyer at ACS Criminal Law advocate for your freedom can help protect your rights and reputation. For over a century, we have been advocating for the innocent and accused, crafting powerful defense strategies that get results. When your future is on the line, you can count on our criminal defense team to prioritize your case, getting you home to your family sooner.
DUI Charges in North Carolina
In North Carolina, a DUI is officially referred to as Driving While Impaired (DWI) and is defined as operating a vehicle under the influence of alcohol or drugs that impair your ability to drive safely. Under N.C. General Statute § 20-138.1, you can be charged with DWI if you operate a vehicle while under the influence of an impairing substance, have a BAC of 0.08% or higher, or have any detectable amount of a Schedule I controlled substance in your system. This law applies to all vehicles, including cars, trucks, motorcycles, and even non-motorized transportation, such as horses.
The legal BAC limit in North Carolina is 0.08% for most drivers, 0.04% for commercial drivers, and 0.00% for drivers under the age of 21 due to the state’s zero-tolerance policy. You can also be charged with a DUI if you show signs of impairment, even if your BAC is below the legal limit. This includes cases involving prescription medications, over-the-counter drugs, or illegal substances that affect your ability to operate a vehicle safely.
When You Need a DUI Lawyer in Raleigh
A DUI charge can feel like your world is crashing down, but you do not have to face it alone. The consequences of a conviction can include jail time, hefty fines, and the loss of your license, all of which can impact both your career and personal life. Working with a Raleigh DUI attorney ensures you have someone on your side to fight for your rights and build a defense that gives you the best chance at a favorable outcome. You may require the legal guidance and support of a reputable DUI attorney if you need help:
Protecting your driving privileges - Losing your license can disrupt your daily life, from commuting to work to managing family responsibilities. We can challenge suspensions or help secure limited driving privileges so you can keep moving forward.
Challenging evidence - Breathalyzer tests, field sobriety test results, and officer observations are not always accurate. We can identify procedural errors, calibration issues, or other factors that could weaken the prosecution’s case.
Minimizing penalties - Our team can negotiate reduced charges or lighter penalties, such as probation instead of jail time or admittance into a pretrial diversion program, helping you avoid more severe consequences.
Handling complex legal procedures - From administrative hearings to plea negotiations, DUI cases involve multiple legal steps.
Building a comprehensive defense strategy - No two cases are alike, and the right criminal defender will review every detail of your arrest, gather evidence, and craft the strongest defense possible based on your specific circumstances.
How ACS Criminal Law Can Help With Your DUI Case
Facing DUI charges can feel overwhelming, but ACS Criminal Law has the experience and commitment to help you through it. Our team has defended countless DUI cases and is dedicated to protecting your driving privileges and achieving the best possible outcome for your situation. Some of our top priorities after taking on your case could include:
Case evaluation - Review the details of your arrest to identify procedural errors or rights violations. This includes checking for issues like unlawful stops or improperly administered field sobriety tests.
Evidence analysis - Challenge the accuracy of breathalyzer tests, field sobriety results, and officer observations to uncover flaws in the prosecution’s case.
License restoration - Assistance with hearings to regain driving privileges after suspension, ensuring minimal disruption to your daily life.
Negotiation and plea deals - Work to reduce charges or penalties through negotiations with prosecutors, potentially avoiding jail time or significant fines.
Common Defenses Against DUI Charges in Raleigh
There are several effective defenses that can challenge the validity of DUI charges in Raleigh. Whether it’s disputing the accuracy of a chemical test or questioning the legality of the traffic stop, these defenses can significantly impact the outcome of your case. Some of the most common DUI defense strategies include:
Challenging probable cause - Question whether the officer had a valid reason to initiate the stop. Without probable cause or reasonable articulable suspicion, any evidence gathered during the stop may be inadmissible in court.
Disputing breathalyzer accuracy - Argue that improper calibration or maintenance led to false or inaccurate BAC readings. Breathalyzer devices must be regularly tested and maintained to ensure reliability.
Medical conditions - Point out conditions like diabetes or acid reflux that can mimic signs of impairment. These conditions can also produce falsely elevated BAC readings on breathalyzer tests.
Field sobriety test errors - Demonstrate how poor testing conditions or officer errors can compromise results. Uneven surfaces, bad weather, or poor instructions can affect a driver’s ability to perform these tests.
Penalties for DUI Convictions in North Carolina
DUI convictions in North Carolina carry serious consequences that can impact your freedom, finances, and future. The severity of the penalties depends on factors such as your prior record, BAC level, and whether aggravating circumstances were present. Penalties can include fines, jail time, license suspension, and additional costs for license reinstatement.
First Offense
The sentence for a first DUI offense in North Carolina is based on a five-level system. Depending on aggravating factors, penalties can range from community service to up to 2 years in jail, fines up to $4,000, and mandatory alcohol education or treatment programs.
These penalties are designed to deter future offenses while providing an opportunity for rehabilitation. However, even a first offense can have long-term consequences, including increased insurance rates and a permanent mark on your driving record.
Second Offense
A second DUI offense within three years of the first results in a minimum 1-year license suspension, mandatory jail time of at least 7 days, and up to 2 years in prison depending on aggravating factors. Offenders may also be required to install an ignition interlock device (IID) on their vehicle as a condition of reinstating their driving privileges. Repeat offenses are treated more seriously due to the increased risk to public safety.
Aggravating Factors
Aggravating factors can lead to enhanced penalties for DUI convictions. Aggravating factors that increase DWI penalties under N.C. General Statutes § 20-179 include:
Driving with a BAC of 0.15% or higher.
Causing an accident that results in serious injury or death.
Having a minor under 18 years of age in the vehicle.
Reckless driving, excessive speeding (30+ mph over the limit), or fleeing from the police.
Driving while your license is currently revoked for a prior DWI conviction.
These factors can escalate charges from a misdemeanor to a felony, leading to more severe consequences such as longer jail sentences and higher fines. Courts view these cases as particularly egregious and impose penalties accordingly.
License Reinstatement Fees
After a DUI-related suspension, drivers must pay reinstatement fees to regain their driving privileges. These fees can range from $140 to $450, depending on the circumstances of the suspension.
Additionally, offenders may need to complete DUI education programs or meet other requirements before their license is reinstated. These costs add to the financial burden of a DUI conviction.
How a DUI Conviction Can Impact Your Life
A DUI conviction can have lasting consequences that affect your personal, professional, and financial well-being. Beyond the immediate penalties like fines and license suspension, a conviction can follow you for years. This can make it difficult to find gainful employment or maintain affordable auto insurance. Some of the most common types of collateral consequences our clients have reported include:
Employment issues - Some employers may disqualify applicants with a DUI on their record. This is especially true for roles that require a clean driving record or a high level of trust, such as jobs in transportation or security.
Increased insurance premiums - A DUI can significantly raise auto insurance rates for years. Insurance companies often view DUI offenders as high-risk drivers, leading to surcharges or policy cancellations.
Professional license risks - Certain professions, like healthcare, legal advocates, or law enforcement, may suspend or revoke licenses after a DUI conviction. This can jeopardize your ability to work in your chosen field and affect your long-term career prospects.
What to Expect During the DUI Process in Raleigh
DUI cases follow a structured legal process, from your initial arrest to the potential resolution of your case. Understanding each step can help you feel more prepared and confident as you work with your DUI attorney in Raleigh to build your defense. Here is a general overview of what to expect next:
You are arrested - Includes roadside testing, chemical tests, and booking procedures. Officers may administer field sobriety tests or use a breathalyzer to determine your level of impairment before taking you into custody.
You are arraigned - The formal reading of charges and entering a plea. This is your first court appearance, where you can plead guilty, not guilty, or no contest.
We file pre-trial motions - Filing motions to suppress evidence or dismiss charges. We may be able to challenge the legality of the stop, the accuracy of test results, the admissibility of certain evidence, or other procedural errors.
You go through plea negotiations or trial - Defending against the charges in court or reaching a settlement with prosecutors. Many cases are resolved through plea bargains, but others proceed to trial, where we present evidence to support your case.
Raleigh DUI FAQ
Can I refuse a breathalyzer test in North Carolina?
Yes, you can refuse a breathalyzer test, but doing so comes with serious consequences under North Carolina’s implied consent laws under N.C. General Statutes § 20-16.2. Refusal results in an automatic 12-month license suspension, regardless of whether you are ultimately convicted of a DUI. This suspension is separate from any penalties you may face if convicted.
It is important to consult with our team immediately if you refuse a test, as you may have options to challenge the suspension or secure limited driving privileges. We can also review the circumstances of your arrest to determine whether the refusal was handled lawfully.
Will a DUI conviction stay on my record permanently?
In North Carolina, a DWI conviction cannot be expunged and will remain on your record permanently. However, dismissed DWI charges and some older misdemeanor convictions may qualify for expungement under N.C. General Statutes § 15A-145.5.
What happens if I am charged with a DUI while driving on a suspended license?
Being charged with a DUI while driving on a suspended license can result in additional penalties, including extended suspension periods, higher fines, and potential jail time. If your license was suspended due to a prior DUI, the new charges could lead to felony charges and harsher consequences.
We will need to address both the DUI charge and the violation of driving on a suspended license. We may challenge the circumstances of the stop or argue for leniency based on the specifics of your case.
Get the Help You Need From a Raleigh DUI Lawyer at ACS Criminal Law
Facing a DUI charge can impact every aspect of your life, but you do not have to handle it alone. Your strategic and highly experienced DUI lawyer in Raleigh with ACS Criminal Law will stand by your side, protecting your rights and working tirelessly to achieve the best possible outcome. Reach out to our team today by phone or through our secured contact form to schedule your confidential defense strategy session as soon as today.
**Note: The ACS Criminal Law is not a real law firm. This is a sample practice area page for a mock law firm website.**
