Criminal Defense Lawyer for DWI Charges
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.
North Carolina DWI Definition
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:
- While under the influence of an impairing substance
- 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
- With any amount of a Schedule I controlled substance, as listed in G.S. 90-89, or its metabolites in his blood or urine
Protect Your Rights with Our Experienced Charlotte DWI Lawyer
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 Car Accident & Injury Lawyers 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.
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.
DWI Conviction & Insurance
If I get convicted of a Charlotte DWI what is going to happen to my insurance?
This is a question the Charlotte DWI lawyers of Rosensteel Fleishman hear almost everyday. If you are convicted of a NC DWI it will result in twelve (12) insurance points. This corresponds to a three hundred forty (340) percent surcharge to your NC insurance. The Charlotte DWI DUI also has a bearing on your NC driving privilege.
Receiving a Mecklenburg County – Charlotte DWI is a serious matter. Our Charlotte DUI attorneys have 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. That is our promise to you. At Rosensteel Fleishman 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.
Many lawyers advertise significant experience with DWI DUIs. However, that experience may be limited to pleading their client’s guilty. When speaking with lawyers about handling your Mecklenburg DWI DUI ask the lawyer about recent changes to the law. The law is constantly changing. Lawyers who are aware of the changes to DWI DUI law are in the best position to handle your case. For example, recent cases have dealt with the amount of time a person can be held after they are arrested for DWI in Charlotte. Our lawyers have had numerous cases dismissed at trial because the clients were held too long, regardless of the level of impairment. It is unfortunately when a winnable case is plead guilty simply because the lawyer was not aware of the law change.
Getting a Charlotte DWI DUI can be an extremely stressful moment in one’s life. All at once the accused faces the loss of their driver’s license, incarceration, court dates, insurance increase of over 300%, as well as the social stigma of getting a DWI DUI. On top of all of these issues, the uninitiated are unaware of the limited time available to request certain evidence, which if not requested, may be lost forever.
The decline in the economy forced many local lawyers with no DWI DUI experience to start taking DWI DUI cases. With this influx of attorneys it can be difficult to determine who is qualified to handle your case. The first thing an individual needs to ask their prospective Charlotte DWI lawyer is how many cases have you tried in front of a judge or jury. Unfortunately, inexperienced lawyers plead guilty winnable cases resulting in bad outcomes for their clients. Further, district attorneys are familiar with the local lawyers and are aware who is experienced and who is not. They have every incentive to convict the accused and as such may be able to get something by an inexperienced lawyer that would not fly with a knowledgeable experienced Charlotte DUI lawyer.
Speak to a Charlotte, NC Lawyer about your DWI Case Today
DWI, or driving while impaired, is a serious criminal offense in North Carolina. The consequences of a DWI conviction can range from fines and license suspension to jail time and a permanent criminal record.
If you have been charged with DWI, it is important to seek legal representation as soon as possible. An experienced DWI lawyer can help you understand the charges against you, explain your options, and develop a strong defense strategy.
At Rosensteel Fleishman, our criminal defense attorneys have extensive experience representing clients in DWI cases. We understand the complex legal and scientific issues involved in these cases and have the knowledge and resources to build a strong defense on your behalf.
Don't wait – call (704) 714-1450 to speak with a Charlotte DWI lawyer today. Our experienced legal team is here to help you navigate the legal process and protect your rights.