Cape Carteret is a town on North Carolina's south coast in Carteret County. It was incorporated in 1959 and has about 2,230 residents.
If you or a loved one is facing a DWI charge in Cape Carteret, it is important to know more about your rights and where you stand legally. The Cummins & Kennedy Law Firm team is committed to helping you when you're facing this criminal charge while explaining what may lie ahead.
A Cape Carteret DWI lawyer can provide legal advocacy and representation if you have been arrested for DWI. Our firm knows how to defend clients and give them the information needed to go forward with more positive results.
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cape Carteret DWI Guide
- Why Choose Our Cape Carteret DWI Lawyers?
- Understanding DWI Laws in North Carolina
- Where You Can Find Our Main Office in Beaufort, NC
- What Are the Penalties of DWI?
- Factors that Affect Sentencing
- Where Do DWI Accidents Frequently Happen?
- Types of DWI Incidents
- The Legal Steps in DWI Cases in North Carolina
- Call Our Cape Carteret DWI Lawyers Now
Why Choose Our Cape Carteret DWI Lawyers?
When facing DWI charges in Cape Carteret, selecting the right DWI lawyer can make a major difference in the outcome of your case.
Cummings & Kennedy Law Firm stands out for several reasons:
- Extensive Experience: Our team has years of experience handling DWI cases in Cape Carteret and throughout the area. We understand the local court system, prosecutors, and judges, giving us a strategic advantage in building your defense.
- Specific Knowledge: DWI law is complicated and constantly evolving. Our attorneys focus specifically on DWI cases, ensuring we're always current with the latest legislation and case law changes.
- A Personalized Approach: We recognize that every DWI case is different. Our attorneys take the time to understand your situation's specific and key details, crafting a defense that fits well with the factors surrounding your arrest.
- Proven Track Record: Our firm has successfully defended numerous clients against DWI charges, often achieving reduced charges, minimized penalties, or case dismissals.
- Compassionate Representation: We understand the stress and anxiety that often follow a DWI charge. Our team provides legal support and compassionate guidance throughout the entire legal process.
Understanding DWI Laws in North Carolina
North Carolina takes DWI offenses seriously. Under N.C. Gen. Stat. § 20-138.1, it is unlawful to drive a vehicle on a highway, street, or public vehicular area:
- While under the influence of an impairing substance;
- After consuming sufficient alcohol that your blood alcohol concentration (BAC) is 0.08 percent or more at any time after driving; or
- With any amount of a Schedule I controlled substance in your blood or urine.
You may be charged with DWI if the BAC reading is below 0.08 percent. This may happen if the arresting police officer thinks that you’re still too impaired to drive.
Where You Can Find Our Main Office in Beaufort, NC
If you’ve been convicted of DWI in Cape Carteret, you can find our offices at 613 Cedar Street, Suite A, in Beaufort, NC. We are located north of Cape Carteret by way of I-95 North. It takes a little over five hours to drive to Beaufort.
You can find us easily in Beaufort, as we're located northeast of the North Carolina Maritime Museum and just south of Pine Street.
Carteret County is one of our featured service areas, so we are familiar with the law and how to proceed with DWI/DUI cases in this part of North Carolina. You can call us for a free case review at (252) 728-1208 or by completing our contact form online.
What Are the Penalties of DWI?
A charge of DWI/DUI in North Carolina is typically a misdemeanor charge for first-time offenders.
Penalties for DWI in North Carolina can include:
- Fines ranging from $200 to $4,000 or more
- License suspension from 30 days to permanent revocation
- Jail time from 24 hours to 36 months or more
- Mandatory alcohol assessment and treatment
- Installation of an ignition interlock device
- Increased insurance premiums
- A criminal record - affecting future employment opportunities
Factors that Affect Sentencing
The severity of these consequences depends on various factors, including:
- Your BAC level at the time of arrest
- Whether this is your first offense or a repeat offense
- The presence of aggravating factors (e.g., having a child in the car or if you caused an accident where people were killed or hurt)
- Your level of cooperation with law enforcement officers
Our experienced attorneys can evaluate these factors and work to minimize the impact of a DWI on your life. In some cases, we can reduce or even dismiss charges.
Where Do DWI Accidents Frequently Happen?
DWI accidents can happen anywhere, but certain locations in and around Cape Carteret see a higher frequency of incidents:
- Highway 24 or the WB McLean Highway: This major highway running through Cape Carteret sees significant traffic and, unfortunately, a number of DWI-related accidents.
- NC-58: Another busy route where impaired driving incidents are not uncommon.
- Bogue Sound Waterfront: The area's beautiful waterfront can be a major location for alcohol consumption, leading to increased DWI risks.
- Local Bars and Restaurants: Areas with a concentration of establishments serving alcohol naturally see more DWI incidents.
- Residential Areas: Surprisingly, many DWI accidents occur close to home, as drivers may feel overconfident on familiar roads.
Understanding these high-risk areas can help prevent DWIs. However, it's critical to remember that DWI accidents can occur anywhere, at any time.
Types of DWI Incidents
DWI incidents can take various forms, each with potentially devastating consequences:
- Single-Vehicle Accidents: These events often involve the impaired driver running off the road, hitting stationary objects, or rolling over.
- Multi-Vehicle Collisions: Impaired drivers may cause rear-end collisions, head-on crashes, or side-wipe other vehicles.
- Pedestrian Accidents: Impaired drivers may fail to see pedestrians, leading to severe or fatal injuries.
- Bicycle Accidents: Similar to pedestrian accidents, impaired drivers may not notice cyclists sharing the road.
- Wrong-Way Driving: Severely impaired individuals may enter highways or one-way streets in the wrong direction, causing tragic head-on collisions.
- Intersection Accidents: Impaired drivers may run red lights or stop signs, leading to T-boning or angle collisions.
Indeed, a DWI accident can impact both the legal consequences for an impaired driver and the potential for civil liability.
The Legal Steps in DWI Cases in North Carolina
The steps below can give you a better understanding of what's involved in a DWI arrest.
- Arrest and Booking: After a DWI arrest, you'll be taken to the police station for booking and a breath or blood test.
- First Appearance and Arraignment: You'll appear before a judge who will set your initial bond and conditions of release. You'll learn about the charges, rights, and penalties during this appearance. You will have the opportunity to enter a guilty, not guilty, or no-contest plea. You'll need to have a DWI attorney on your side to ensure your rights and support your defense.
- NC DMV Hearing: You have ten days to request a hearing with the DMV to contest your preliminary license suspension.
- Pretrial Conferences: Your attorney will meet with the prosecutor to discuss your case and possibly negotiate a plea deal.
- Motions: Your DWI attorney may file motions to suppress evidence or dismiss the case based on legal issues.
- Trial: If your attorney can’t reach an agreement to reduce the charges, your case will go to trial, either before a judge or jury.
- Sentencing: If convicted, the judge will determine your sentence based on North Carolina’s sentencing guidelines.
- Appeals: If your trial involved legal errors, you may have grounds for an appeal.
Throughout this process, having an experienced DWI attorney can significantly affect the outcome of your case.
Call Our Cape Carteret DWI Lawyers Now
Remember, a DWI charge is not the same as a conviction. By retaining the services of a Cape Carteret criminal defense lawyer, you can realize a better outcome. The legal professionals at the Cummings & Kennedy Law Firm have the experience and resources to help you realize a better outcome. Call us now at (252) 728-1208 in Cape Carteret.