Driving While Impaired (DWI) is a serious offense in North Carolina that can have long-lasting consequences on your life. From potential jail time and hefty fines to a tarnished criminal record and limited future opportunities.
Carolina passed a law referred to as (NCGS § 15A-145.5). This legislation allowed the expunction (seal or destroy the court record) of nonviolent felony and misdemeanor convictions, including DWIs. A petitioner had to have no prior convictions and had to wait 15 years to apply for the expunction after the completion of their sentencing.
However, in 2015, the legislature amended this law to specifically exclude DWI convictions from the eligibility for expungement. So, if you are found guilty of or plead guilty to a DWI in North Carolina, there is no way at the present time to have the charge expunged from your record. It's crucial to consult a Beaufort DWI attorney to understand your legal options and receive the best possible defense in such cases.
The only potential avenue for removing a DWI from your record is a pardon from the governor, which is extremely rare.
Schedule Your Free Consultation
9 Consequences of a DWI Conviction
The impact of a DWI conviction extends beyond the immediate legal penalties. Below are some of the long-lasting consequences you may face:
Employment Challenges
Many employers conduct background checks, and a DWI conviction can make it difficult to secure certain jobs, especially those involving driving or positions of trust.
License Suspension
Your driver’s license may be suspended or revoked depending on the circumstances. It can severely impact your ability to commute to work, run errands, or carry out daily responsibilities.
Financial Hardships
A DWI can be a significant financial strain between fines, court costs, increased insurance premiums, and potential loss of income.
Housing Difficulties and Barriers
Landlords often perform background checks, so a DWI conviction can make renting an apartment or house challenging.
Personal Relationships
A DWI conviction can strain personal relationships and potentially affect custody arrangements in family court matters.
Travel Restrictions
Some countries may deny entry to individuals with DWI convictions on their records.
Professional Licenses
Certain professional licenses may be at risk following a DWI conviction.
Educational Opportunities
Some educational institutions and scholarship programs may disqualify applicants with DWI convictions.
Long-Term Record
Since DWI can’t be expunged in North Carolina, the conviction remains on your record indefinitely, again potentially affecting future opportunities.
Schedule Your Free Consultation
How a DWI Lawyer in North Carolina Can Help
Given the complications of DWI laws and the severe consequences of a conviction, working with an experienced DWI lawyer is necessary. Below are several reasons why you should consider legal representation:
An Understanding of DWI Laws
DWI laws in North Carolina are constantly changing. An experienced DWI attorney stays up-to-date with these changes and understands how to navigate the legal system effectively. They can explain the charges against you, potential consequences, and your legal options in clear, understandable terms.
Challenging the Evidence
A skilled DWI attorney knows how to scrutinize the evidence against you. It includes:
- Examining the legality of the traffic stop
- Questioning the accuracy of field sobriety tests
- Challenging the reliability of breathalyzer or blood test results
- Investigating the chain of custody for any chemical test samples
By reviewing and challenging the evidence, a lawyer can get certain evidence suppressed or even have the charges dismissed.
Negotiating Plea Bargains
In some cases, pleading for a lesser charge may be in your best interest. A DWI lawyer can negotiate with prosecutors on your behalf, potentially securing a more favorable plea deal than you can realize on your own. They understand the local court system and may have established relationships with prosecutors, which can be beneficial in negotiations.
Protecting Your Constitutional Rights
From your arrest, you have constitutional rights that must be protected. A DWI lawyer will ensure that law enforcement and the prosecution respect these rights throughout the legal process. If your rights were violated at any point, your lawyer can use these factors to strengthen your defense and build a strong case.
Minimizing the Penalties
Even if a conviction is mandatory, a skilled DWI attorney can frequently help minimize the penalties. For example, they can get the court to agree to other penalties, such as alcohol education, instead of jail.
Handling Administrative Proceedings
A DWI arrest triggers both criminal and administrative proceedings. While the criminal case deals with potential fines and jail time, the administrative process involves your driving privileges. A DWI lawyer can represent you in DMV hearings, fighting to protect your license or secure limited driving privileges.
Exploring All Defense Options
There are numerous potential defenses to a DWI charge, and an experienced lawyer knows how to identify and recommend the best options for your case. Some possible defenses include:
- Lack of probable cause for the traffic stop
- Improper administration of field sobriety tests
- Medical conditions that can affect test results
- A rising blood alcohol concentration defense - due to hormones, age, or medications
Long-Term Cost Savings
While hiring a lawyer involves upfront costs, it can lead to significant long-term savings. By potentially reducing charges, minimizing penalties, or even securing an acquittal, a DWI attorney can help avoid the substantial financial burden that accompanies a conviction.
Experience with the Local Court System
Local experience matters in DWI cases. A lawyer familiar with the local court system, judges, and prosecutors can manage the legal process more effectively. They understand local tendencies and can tailor their defense strategy accordingly.
Speak to a DWI Lawyer About Your Case Today
Working with a skilled DWI attorney will give you the best chance at a favorable outcome. From challenging evidence, negotiating plea deals, protecting your rights, and exploring possible defenses, a DWI lawyer is a valuable advocate.
Time is of the essence. Delaying your decision to speak with a DWI lawyer can be harmful to your case. Evidence can disappear, witnesses can become difficult to locate, and important deadlines can pass.
Remember, the decisions you make immediately following a DWI arrest can significantly impact the outcome of your case. Don’t face this type of challenge alone – reach out to an experienced criminal defense lawyer in Beaufort as soon as possible to protect your rights and improve the results of your case.