Winston-Salem DWI Lawyer
Dedicated DWI Defense Attorney in Winston-Salem
A conviction for driving under the influence (DWI) or driving while impaired (DWI) could result in hundreds in fines, jail time, probation, and the loss of your driver’s license. Long-term consequences are also possible, from financial losses to having a criminal record. The most effective way to prevent these consequences is to avoid conviction, which is much more likely with the help of a Winston Salem DWI defense lawyer.
Just because you are arrested and charged with a DWI does not mean that a conviction is automatic or even that you are guilty. However, if you face DWI charges without a skilled attorney, a conviction is more likely, and you may face more severe penalties.
This is why legal representation is so important in any criminal case, including a DWI. If you or a loved one has been arrested for a DWI, you need dedicated and experienced legal counsel to support you. Attorneys at The Law Offices of J. Scott Smith, PLLC can help you to limit the severity of your charges or even get them dropped.
DWI Defense in Winston-Salem From LAWSMITH, The Law Offices of J. Scott Smith, PLLC
Facing any criminal charge is incredibly stressful and overwhelming, regardless of whether you have navigated the criminal justice system before. You do not have to handle proceedings by yourself. The attorneys at LAWSMITH, The Law Offices of J. Scott Smith, PLLC, can support you, help you understand your options, and craft your defense.
We know how much these charges can affect your life, and we do not take DWI charges lightly. Our team works hard to limit the consequences of a DWI by arguing for a lesser sentence, determining if all evidence was legally obtained, challenging information gained at the stop, and attempting to prevent conviction.
Our team has several years of collective legal experience, mostly focused on criminal defense. We understand the complexities of DWI and DUI defense and work with you to determine the right defense for your unique case. Our team is passionate about fighting for your rights and your future.
When Can I Be Charged With a DWI?
A DWI in North Carolina is the crime of operating a vehicle while impaired on any highway, street, or public location for vehicles. Impairment in North Carolina is defined as:
- Being influenced by an impairing substance
- Having consumed alcohol to the point of having a blood alcohol content (BAC) of .08% or higher, which can be proven by chemical analysis.
- Having any level of Schedule I controlled substance or metabolites present in a blood or urine chemical test.
Based on this definition of impairment, you do not have to have a BAC of .08% or higher to be arrested or convicted of a DWI. If your driving is deemed to be influenced by impairment, you could still be charged with a DWI. Impairment may be determined by a law enforcement officer at the stop through field sobriety tests.
Some drivers have different legal limits. Drivers of commercial vehicles with a commercial license have a BAC limit of .04%, in addition to evidence of impairment. Underage drivers can be charged with a DWI for having any amount of a controlled substance in their body, except in certain circumstances.
Contact our skilled commercial DUI/ DWI lawyer today to schedule the free legal assistance.
Implied Consent Law in North Carolina
North Carolina’s implied consent laws mean that all drivers on the road have given implied consent to a breath test or other chemical test. Refusing this test can result in immediate license revocation. Completion of this chemical test is in your interests, as if you submit to it, you can also rebut it as evidence in the case.
However, this implied consent law does not apply to all tests after being pulled over. Field sobriety tests and preliminary, roadside breathalyzers are not mandatory. Field sobriety tests include tests of your eyes, cognitive abilities, and balance. An officer may ask you to complete them if they have reason to believe you are impaired.
The results of these tests can be submitted as evidence, but many factors could cause you to perform badly, including medical conditions, nerves, or environmental factors. The law enforcement officer can also administer the tests incorrectly or unfairly. Preliminary breathalyzer tests can be administered incorrectly or be impacted by medication or other substances.
You do not have to submit to these tests and can refuse without fear of legal penalty. If you submitted to these tests during your arrest, your defense attorney can review them to determine if they were inaccurate or done incorrectly.