Apex DWI Lawyer

DWI Attorney in Apex, NC

Everyone makes mistakes, but some mistakes could completely derail your  future. Being accused of driving while intoxicated or impaired,  driving high, or under the influence of a mishandled prescription medication can put your future in jeopardy, leaving you feeling overwhelmed, confused, and alone. Fortunately, with the assistance of an Apex, NC, DWI lawyer, you can build a strong defense, protecting your future and your record.

Before hiring an Apex, North Carolina, DWI lawyer, you may benefit from learning more about how the Tar Heel State defines DWI cases, the potential penalties you could be facing should you be convicted, and how finding the right defense lawyer can help you build a compelling case that could be the one thing standing between your future goals and a scar on your permanent record.

The Granados Law Group understands what you are up against, as well as how much is at risk should you be found guilty of your DWI. Find out how we are prepared to help you, just as we have helped thousands of other clients in Wake County, North Carolina.

An Overview of DWI Laws in North Carolina

According to the Centers for Disease Control and Prevention (CDC), there is an estimated one fatal drunk-driving incident every 45 minutes. While North Carolina is relatively low in the state rankings for DWI cases, falling at 31st in the nation for the highest number of DWI incidents, the legal system still takes these cases very seriously.

Defining a DWI in North Carolina

Driving While Intoxicated/Impaired (DWI) charges are issued to suspected individuals based on a handful of legal criteria, including the following examples:

• The kind of substance. A driver may be considered guilty of a DWI if they are operating their vehicle while impaired by alcohol, controlled substances, and/or mismanaged prescription medications, such as too high a dose, even if it is legally prescribed by a medical doctor.
• Legal limit. In North Carolina, the legal Blood Alcohol Content (BAC) limit for standard drivers of legal drinking age is currently set at 0.08%. Commercial drivers have a limit of 0.04%, however, which they must abide by even while operating their personal vehicle or off the clock. If you have previously been convicted of a DWI, you might have a driver’s license restriction that prevents you from having any alcohol in your system (requiring proof via an Ignition Interlock device), or even once your license has been reinstated after a DWI conviction, you will have a .04 restriction in place for more three years. Violating these BAC restrictions can lead to new criminal charges.
• Underage drinking. The legal drinking age in the Tar Heel State is 21 years and older. Any driver under the age of 21 caught with any detectable amount of alcohol can be charged with a DWI regardless of whether it was below the standard legal limit. Additionally, officers will often charge underage drivers with BOTH DWI and also with Driving After Consuming Under 21, which many people call “Baby DWI” offenses. It is important for your lawyer to be able to navigate multiple charges and seek the best outcome for you under the circumstances. In Wake County, for instance, a criminal defense attorney may be able to negotiate a dismissal of the DWI charge for a plea to the Driving After Consuming, and you might even be able to earn a Prayer for Judgment Continued (PJC) if you have done mitigation that a judge finds compelling.
• Schedule I drugs. North Carolina has a drug ranking system that can be applied to a DWI case. Schedule I drugs include any drug that currently has no accepted medical use and has a high likelihood of being abused, such as  ecstasy and heroin. In NC, N.C.G.S. 20-138.1 makes it unlawful to operate a vehicle while impaired by any substance, including Schedule II controlled substances like cocaine. Because cocaine is not a Schedule I drug, prosecutors must prove appreciable impairment, and not just the presence of cocaine metabolites in your system. This will likely require the testimony of an expert witness to review blood draw records and analysis of the City-County Bureau of Investigation (CCBI) lab reports that were created by forensic toxicologists and chemists.
• Appreciable impairment. If a law enforcement officer has observed a behavioral pattern indicative of impairment, it is possible for an individual to be convicted of a DWI regardless of whether they met or surpassed the standard legal BAC limit. For example, if an officer observed you driving at a slow speed, weaving in and out of your traffic lane, cutting other drivers off, or getting involved in an accident, it is possible for the State to prove that you were impaired, even if your BAC never exceeded .08, which is the per se limit in North Carolina.

Potential Penalties for Those Convicted of a DWI in North Carolina

There is so much at risk for those charged with a DWI, including the following potential penalties:

• Getting your license suspended. The amount of time your license may be suspended tends to vary, but regardless of how long you need to live without one, it is typically a great inconvenience that can get in the way of working, socializing, and more.
• Using an Ignition Interlock Device: Sometimes, after a certain amount of time has passed, the court will require that individuals use an Ignition Interlock Device, or IID, to get their license reinstated.
• Serving jail time. In North Carolina, the amount of potential jail time tends to vary based on the charges you were convicted of, typically being influenced by mitigating factors like your BAC, whether there was an accident that caused injuries, if a child was present at the time of the DWI, and if there were any injuries or fatalities.
• Paying hefty fines. While the amount of fines you may be ordered to pay by the Court varies, it is always an expenditure that you would have preferred to avoid. These fines can send you into debt even while you have no source of income. Failure to pay these fines can even lead to an indefinite suspension of your license.
• Losing wages or even your job. It is possible that having your license suspended or revoked, serving time in jail, and/or having to perform community service could get in the way of you maintaining your income or your job, leading to job loss that may be difficult to replace with a mark on your permanent record in Apex.

Hire a DWI Lawyer

When you choose to hire a DWI lawyer, you can gain access to some key benefits and support that you may not have otherwise received. Your lawyer can defend you at the Wake County Justice Center, advocating for you and your rights as you pursue a future free of a DWI conviction.

FAQs

How Much Does It Cost to Hire a DWI Defense Lawyer in North Carolina?

In North Carolina, the cost of hiring a DWI lawyer tends to vary based on several different variables, all of which can have a unique impact on your overall price. Some examples of these variables include who you hire to represent you, the amount of time your case requires to conclude, if this is your first or subsequent DWI charge, and the overall complexity of your case.

Is It Within My Legal Right to Refuse a Breathalyzer Test in North Carolina?

It is legal for you to refuse a breathalyzer test, but this choice typically has more of a negative impact on your case than submitting to the request. North Carolina has implemented a law of Implied Consent, meaning that any driver on state roads has implicitly offered their consent to alcohol and/or drug testing, meaning that, if you refuse, you can still be charged and may face harsher consequences, such as having your license immediately revoked for a period of a year, even if you have not yet been convicted of a DWI.

Should I Hire a DWI Defense Lawyer to Handle My Case in North Carolina?

While you are within your legal right to defend yourself in your North Carolina DWI case, many individuals have found that hiring a DWI defense lawyer can have a profound impact on the outcome of their case and, therefore, their freedoms moving forward. Your lawyer can also help you receive the clarity, guidance, and advocacy you need to succeed.

How Long Will My DWI Case Take to Resolve in North Carolina?

Like the cost of hiring a lawyer, the amount of time required to complete a DWI case tends to vary widely county by county in the state of North Carolina. Some of the influential variables include the schedule of your local courthouse, the availability of any additional parties or witnesses, whether you have a lawyer, and the overall complexity of your case.

Apex DWI Lawyer

When you work with an Apex DWI lawyer from the Granados Law Group, you can confidently face the charges against you or a loved one. Our team is dedicated to serving our clients with the knowledge and experience they need to fight back. Contact our team today to schedule a consultation and learn how we can help you protect your rights and your future.