When a prospective client calls to ask about a recent North Carolina DWI we try to give that person as much information as we can in a short time. The client is usually upset about the situation and has several questions. By the time the prospective client calls the office he or she is usually already worried about jail time, loss of license and financial responsibilities that go along with a DWI conviction. That person is usually also hopeful that there may be some way to avoid a conviction. While each case has different facts and every person has specific questions there are some basic issues that apply to every DWI charge in North Carolina.
It is important to note that in North Carolina there is only one Driving While Impaired (DWI) statute. We do not have a Driving Under the Influence (DUI) statute that is separate, or a Reckless Driving with alcohol involved (known as a wet reckless in some states). Because we do not have these types of lesser included offenses, each person who is cited is subject to the same elements and sentencing factors under the DWI statute.
In North Carolina the offense of Driving While Impaired (DWI), which is known in other states as Driving Under the Influence (DUI), has four elements that make up its definition. Thus, a person is guilty of a NC DWI if he or she:
Drives any vehicle upon any highway, any street, or any public vehicular area within this State:
(1) While under the influence of an impairing substance; or
(2) After having consumed sufficient alcohol that he has, at any relevant time after the driving, an alcohol concentration of 0.08 or more. The results of a chemical analysis shall be deemed sufficient evidence to prove a person’s alcohol concentration; or
(3) With any amount of a Schedule I controlled substance, as listed in G.S. 90-89, or its metabolites in his blood or urine.
While the legal limit of alcohol concentration in the blood is 0.08% many people dont realize you can be charged and convicted of a NC DWI with a blood alcohol content of less then 0.08%. This is because your blood alcohol content is only an indicator of whether you were impaired, it is not conclusive. As such, the state can attempt to prove its case by showing either that you had a blood alcohol concentration of 0.08% or more or that you were under the influence of an impairing substance.
The State is required to prove each element of the crime beyond a reasonable doubt in order to convict a person of DWI. The our excellent Charlotte DWI Attorney will hold the DA to that burden of proof in order to ensure that your rights are safeguarded.
Our Charlotte DWI lawyer will guide clients through the difficult process of DWI defense. This representation encompasses assistance in acquiring a North Carolina driving privilege, representation in court, and/or representation before a DMV hearing officer. Charlotte DWI attorney Corey Rosensteel will guide you through the multiple appearances you will have in court as well as positioning your case outside of court to get you the best result.
Receiving a Mecklenburg County – Charlotte DWI is a serious matter. Our Charlotte DWI attorney has the know how, experience and acumen to handle your case. In every case we will let you know your cost up front – with no surprises. At Rosensteel Fleishman, PLLC we frequently work with both in state and out of state clients. For our clients’ convenience we accept payment over the phone with Visa or MasterCard.
Call (704) 714-1450 to make an appointment to speak with a Charlotte DUI Attorney, or stop by the office during regular business hours. We will schedule an appointment that meets your needs.