As the defendant in a DWI case, you should have access to reliable information about the legal process of DWI charges. Defendants in DWI cases should also consider contacting a criminal defense lawyer who will work aggressively to protect their rights as quickly as they can.
What Factors Affect the Penalties for DWI in Boone?
In North Carolina, you may face jail time, fines, mandatory drug or alcohol treatment, community service, and the installation of an Ignition Interlock Device on your vehicle if you are convicted of a DUI. Conditions known as aggravating factors, substantially aggravating factors, and mitigating factors impact the severity of DWI punishments. Aggravating circumstances make a sentence more severe, whereas mitigating factors make it less so.
A good criminal defense lawyer can look for mitigating factors in your case that they can leverage to get your charges reduced. If the mitigating circumstances outnumber the aggravating aspects, your case is more likely to yield a positive outcome.
What to Expect After a DWI Arrest in Boone, NC?
Following an arrest for a DWI, you will likely wonder what you can expect to come next. Arrests and charges can be overwhelming, but getting guidance on what steps are heading your way can be incredibly helpful.
Release From Jail
Depending on the circumstances of your arrest, law enforcement officers may have taken you to jail or a temporary holding cell. You will be released from jail when they have relevant information and you receive clearance to leave. Certain restrictions may be placed on you and your ability to drive, and you may receive a ticket or other information indicating specific deadlines.
We recommend you follow up with all due dates that officers provide, including scheduling a DMV hearing. Being on top of your case can help ensure that the court system sees you in a positive light and results in reduced sentencing.
You will need to schedule and appear for a DMV hearing, as your driving privileges may be temporarily suspended or restricted. Connecting with the DMV is essential to protecting your license rights in the short- and long-term, as this can help ensure correct information is provided. This can also help you build robust defenses to favor your perspective.
Depending on what happens during your DMV hearing, you may experience issues with your license. Your license may be revoked, you may receive a pink slip, and you will likely need to take additional steps to protect your driving rights. We strongly encourage you to work with a DWI or DUI lawyer who serves the Charlotte area. Your lawyer can help you collect and analyze evidence, build arguments in your favor, and handle other stressful tasks on your behalf.
Making Your Case
Unless you work with a DWI lawyer during your legal matters, you must make a case about your perspective and why you are innocent. Learning more about strong defenses may be beneficial, but we encourage you to work with an attorney whenever possible. Your DWI lawyer can help work on your case, protect your rights, and reduce the severity of your penalties.
After making your case, you will likely receive a sentence. You may be found guilty or convicted of the crime in question, and your penalties will be based on the outcome the court reaches. Working with a lawyer can significantly improve your odds of avoiding negative consequences or eliminate penalties in certain circumstances where you’re innocent. Please don’t hesitate to contact a lawyer from King Law at your earliest convenience to increase the probability of success in your case.
What Kinds of Tests Do Boone Police Use in DWI Cases?
Police can assess drivers in various ways to see if they should be arrested for driving while drunk. If an officer suspects that you are driving while drunk, they will pull you over and do one of these tests. The findings of these tests can be used against you in court if you are arrested.
The horizontal gaze nystagmus, walk and turn, and one-leg stand tests are all standardized field sobriety tests. Field sobriety tests are considered a weaker form of evidence. Chemical tests are breath, blood, or urine tests used to detect a person’s blood alcohol content (BAC). Chemical tests are considered strong evidence, but breath tests must meet administrative and regulatory criteria to be accepted in court.
BAC tests appear to be a reliable approach to establishing whether someone was intoxicated while driving. They are not, however, infallible procedures. Criminal defense lawyers understand how to question the validity of these tests properly, effectively damaging the prosecution’s case against you.
Are You Required to Take a DWI Blood Alcohol Test in Boone?
Prosecutors commonly use blood alcohol test results in North Carolina to substantiate DWI charges in court. Breathalyzers and blood tests are two common BAC testing methods. Many officers prefer to do breathalyzer testing, while others prefer blood tests. Field sobriety tests are also commonly used in court, although they aren’t as reliable as the other procedures.
Drivers in North Carolina who are suspected of driving while intoxicated have the right to refuse field sobriety testing with no repercussions. However, under North Carolina’s Implied Consent Laws, all people who drive on the highway provide their implied consent to a blood alcohol test. While drivers may refuse DWI breath and blood tests, they will face severe consequences if they do so. Even if you are found not guilty of a DWI, a willful denial of a blood alcohol test can result in a one-year license suspension.
Boone Blood Alcohol Testing Rights
In North Carolina, officers are obligated to inform drivers of their right to refuse a blood-alcohol test. Law enforcement officers are forbidden from giving a blood alcohol test to a driver who has refused. A search warrant is required before a law enforcement officer can administer a blood alcohol test to a driver who refuses one. These are just a handful of your BAC testing rights in North Carolina.
Other rights relating to blood alcohol content testing include:
- Police officers must give drivers written notice of their rights regarding blood alcohol tests.
- The driver can request a second alcohol test from a third party.
- Drivers have the right to speak with an attorney and have a witness present during the blood alcohol test, as long as the delay does not exceed 30 minutes.
Knowing your rights is crucial to ensuring that they are upheld. Officers must conduct their due diligence so that you are aware of your rights. They are compromising your freedom and could invalidate their case against you if they do not do so.
How Can a Lawyer Help With Your DWI or DUI Case?
When you get into legal matters, we strongly encourage you to work with a DWI lawyer for assistance. Hiring the correct kind of attorney can be invaluable to your case, as they will likely have access to helpful resources, strategies, and recommendations that will benefit you. Your lawyer can speak on your behalf, level the playing field against other parties and legal representatives, complete and file paperwork, and collect and analyze evidence.
We encourage you to refrain from representing yourself during these legal matters, as you may accidentally misrepresent your case and worsen the harshness of your future consequences. Instead, work with a qualified and talented attorney from King Law. Our team can represent you fairly, reduce potential penalties, and take stress off your plate during this difficult time.
Hire a Knowledgeable Boone DWI Lawyer From King Law
It’s understandable to be overwhelmed when facing a DWI charge. There are, however, measures you can take to defend yourself well in court. It is daunting to work on a legal case on your own. Call an experienced DWI lawyer who will fight tirelessly to achieve the best possible results for you.
At King Law, our criminal defense lawyers know how challenging criminal charges are to fight, but after handling DWI cases for years, we may be able to help your case. We are committed to fighting for your rights. Our legal professionals are dependable. We can go over every detail of your case with you and discuss any solutions available to you. Schedule your case review by calling (888) 748-5464 or (888) 748-KING. You can also fill out our contact form.