What is the court process like?

 

After a person is charged with DWI, the case will be set in district court. The defendant can either plead guilty or not guilty. In addition, the defendant (usually through his/her attorney) can file pre-trial motions to suppress evidence, which would be heard by a district court judge.

 

Subsequently, a trial would occur before a district court judge. If the judge finds the defendant not guilty, then the case would be over. If the judge finds the defendant guilty, then the judge would impose a sentence. The defendant could either accept the sentence or give notice of appeal.

 

When a defendant appeals the decision of a district court judge, then the case proceeds to superior court for a new trial before a jury. Any appeal from superior court would go to the North Carolina Court of Appeals.

 

Do I need a substance abuse assessment?

 

Before you may apply for a pre-trial or post-conviction limited driving privilege, you must obtain a substance abuse assessment from a mental health facility. In addition, you must participate in any program recommended as part of the assessment.

 

During your free initial consultation, we will discuss the substance abuse assessment. I can help you find a local agency that provides an assessment.  

 

Can I get a pre-trial limited driving privilege?

 

When a person is charged with DWI and the person's alcohol concentration is .08 or higher, then his/her driver's license is revoked.   Depending upon the circumstances, the pre-trial revocation is for 30 days, 45 days, or an indefinite period of time.

 

However, a person may be able to apply for a pre-trial limited driving privilege.  For a 30-day revocation, the application may be made after 10 days.  For a 45-day revocation, the application may be made after 30 days.   The person must obtain a substance abuse assessment before the application is made.

 

During your free initial consultation, we will discuss the options for a pre-trial limited driving privilege.  As part of my work on your case, I would assist you with the request for a pre-trial limited driving privilege. 

 

For more information on the license revocation and a pre-trial limited driving privilege, please click to read North Carolina General Statutes Section 20-16.5.

 

Can I get a post-conviction limited driving privilege?

 

When a person is convicted of DWI in North Carolina for the first time, his/her license is suspended for one year. 

 

Pursuant to North Carolina General Statutes Section 20-179.3, a person may (depending on the circumstances) be able to apply for a limited driving privilege at the time of conviction.  The person must satisfy each of the statutory requirements to be eligible for a post-conviction limited driving privilege.  Click to learn more.  

 

Individuals who had an alcohol concentration of .15 or more must wait at least 45 days after conviction for the limited driving privilege to take effect and must follow the ignition interlock requirement.  

 

As part of my work on your case, I would assist you with the request for a post-conviction limited driving privilege.

 

What if I refused the breathalyzer or blood test?

 

Pursuant to North Carolina General Statutes Section 20-16.2, when a person refuses to consent to a chemical analysis (e.g. breathalyzer test or blood draw) after being charged with DWI, then the person's license is suspended for one year.  A person may be able to apply for a limited driving privilege after 6 months.

 

In addition, the prosecutor may use the refusal as evidence in the criminal case.  If you refused a chemical analysis, we will discuss this issue during your free initial consultation and see whether law enforcement followed all requirements under the statute.