Wilmington DWI Lawyer

Wilmington DWI Attorney

Driving while impaired (DWI) is one of the most common criminal offenses in the Wilmington area and throughout North Carolina. If you or a loved one have been charged with this offense, you need an experienced Wilmington DWI lawyer to represent you and defend you in criminal court. A skilled attorney can help you avoid a conviction or minimize the penalties you may be assigned if you are convicted.

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Why You Should Choose The Shotwell Law Group for Your DWI Case

As the TOP DWI LAWYERS in Wilmington, NC, we have successfully applied the Triple-P Strategy to help clients charged with Driving While Impaired offenses. This strategy has enabled our firm to successfully defend many clients charged with all types of DWI offenses in the Wilmington area. We can explain the various aspects of our approach and tailor our strategy to meet your specific needs.

Driving while impaired (DWI) is a serious charge that requires careful attention to detail.  The consequences can be costly and burdensome. We have successfully represented hundreds of clients who have been charged with DWIs in both district and superior court. Our formula for success is simple. We follow the Triple-P Strategy:

• Preparation – All DWI cases start with a thorough interview. Next, we gather all of the information we can about your specific case. This often includes interviewing the officer, subpoenaing records and videos, copying and reviewing the entire court file, collecting pictures from the scene and interviewing witnesses.
• Planning – After gathering all necessary information, we develop and pursue a strategy that is specific to your situation. Years of experience and countless hours keeping current on North Carolina statutes and case law are used to develop an approach to maximize success for each individual case.
• Persistence – We persistently and aggressively implement your strategy. This involves everything from filing pretrial motions, and negotiating with the district attorney to vigorously defending you at trial in front of a judge or jury.

Our thorough approach and close attention to detail can ensure all available defenses are employed on your behalf. We can explain all aspects of your case and help you understand the legal mechanisms that are likely to come into play as your case unfolds. You can rely on us to provide ongoing support, from arrest and booking to the final stages of your courtroom proceedings. In addition, in most cases we can:

• Petition to get your license back within 10 days of arrest without paying a restoration fee
• Assist you in obtaining a limited driving privilege if you are convicted
• Avoid the embarrassing, annoying, and expensive ignition interlock requirement
• Minimize DMV consequences

It is important to remember that the DWI laws in North Carolina are relatively flexible. This means that it is possible for a DWI to be charged as either a misdemeanor or a felony, and the penalties for any DWI conviction can vary based on the individual details of the specific case. While there are general rules when it comes to sentencing for a DWI conviction, there is no way to predict the exact outcome of any given DWI case.

Understanding North Carolina DWI Laws

In North Carolina, as in most other states, the legal blood alcohol concentration (BAC) limit for most drivers is less than 0.08%. Driving with a BAC above the limit qualifies as a DWI offense. After a police officer has established probable cause to arrest a driver for suspected DWI, North Carolina’s implied consent law requires the driver to submit to a chemical test to confirm their BAC or if any other substances are present in their system.

It is possible for a driver to be charged with DWI due to impairment by drugs or alcohol. The police can require a test via breath, blood sample, or urine sample to confirm the driver’s impairment. It is important to remember that refusing a lawful chemical test under North Carolina’s implied consent law can lead to severe penalties, including harsher penalties if the driver is later convicted of DWI.

Defending Against DWI Charges in Wilmington

One of the most effective possible defenses in a DWI case in Wilmington is challenging the arresting officer’s assertion of probable cause. The police officer must have reasonable suspicion to conduct a traffic stop for suspected DWI. They must also have probable cause to conduct an arrest for suspected DWI. You may be able to argue that the police officer had no probable cause to arrest you and, therefore, violated your rights.

It is also possible for your defense to hinge on challenging the results of a chemical test. You have the right to request a Wilmington DWI lawyer or other witness to be present for this test, and you may have grounds to challenge whether the test was conducted correctly or the accuracy of the results. Your defense attorney can advise you on whether taking this direction in your defense is an appropriate choice in your case.

Possible Penalties and Plea Bargaining in a DWI Case

In the event that you have committed a DWI, you could face a wide range of penalties.​ The standard punishment for a DWI conviction in North Carolina typically includes a fine, driver’s license suspension, and possible jail time. In a case involving a first-time offender, a judge may consider conditional probation in lieu of jail time if no one was harmed.

Penalties for a DWI charge can increase significantly if a driver is convicted more than once within a few years. A second DWI within a few years of the first offense can lead to increased fines, jail time, a longer driver’s license suspension, and additional penalties at the discretion of the sentencing judge. Additionally, in any DWI case, the judge may require the defendant to complete DWI education courses and substance abuse treatment as a part of their sentence.

In the event that a prosecutor believes they can secure a conviction, they may offer the defendant a plea bargain. Taking a plea can avoid a lengthy trial and conserve court resources by requiring the defendant to plead guilty in exchange for a reduction in penalties. Your defense attorney can advise you as to whether accepting a plea deal would be a beneficial decision in your case.

What To Expect From Your Wilmington DWI Lawyer

Choosing the right defense attorney to represent you can make a tremendous difference in the outcome of your DWI case in Wilmington. When you work with The Shotwell Law Group, you are investing in a team of dedicated legal advocates who have years of proven experience helping clients navigate the most complex criminal cases. We can fully leverage our experience and resources to build you a solid defense.

It is vital to exercise your rights upon arrest for a DWI and say nothing to the police. Comply with their instructions and wait for your opportunity to make a phone call, then reach out to our firm so we can begin representing you. Our firm can carefully review the details of your arrest report to ensure due process was followed and that the police officer respected your rights.

We can closely examine your situation to determine the most viable defense options available to you. Our three-step approach to criminal defense representation for DWI cases has proven extremely effective in past cases, and we are confident that we can apply these principles to your DWI case.

FAQs

Q: Why Should I Hire a Wilmington DWI Lawyer?

A: You should hire a Wilmington DWI lawyer because you have the constitutional right to legal representation when you are charged with any crime. It is vital that you take full advantage of this right if you want to have the greatest chance of achieving a positive outcome in your case. An experienced attorney can help you develop a comprehensive defense strategy to help you avoid conviction or reduce the penalties you may face.

Q: Can a DWI Be Reduced in North Carolina?

A: No, a DWI cannot be reduced in North Carolina. The state is quite firm when it comes to prosecuting DWI offenses, so it is not typically possible to have a DWI charge reduced to a lesser charge. It is, however, possible to file a motion to have your case dismissed if you believe the police violated due process or your rights, argue for a lighter sentence in light of specific details, or negotiate a plea deal with the prosecutor that may result in reduced penalties.

Q: When Should I Contact a Wilmington DWI Lawyer?

A: You should contact a Wilmington DWI lawyer the first chance you get after your arrest. The more time your attorney has to work on your case, the higher your chances of securing a positive outcome. After arrest and booking, you will have the opportunity to make a phone call; you should contact our team at The Shotwell Law Group right away so we can immediately begin investigating your situation.

Q: What Is the Difference Between a DUI and a DWI in North Carolina?

A: There is no difference between a DUI and a DWI in North Carolina. While driving under the influence (DUI) is a commonly used term in other states, North Carolina’s laws use the term DWI. Both of these terms effectively mean the same thing in North Carolina. There are varying types of DWI offenses for which an individual may be charged based on the specific details of their case.

Q: How Much Does It Cost to Hire a Wilmington DWI Lawyer?

A: The cost to hire a Wilmington DWI lawyer will likely depend on various factors, such as the time the attorney must spend working on your case and how complex it is. Some criminal defense attorneys in Wilmington, North Carolina, charge clients by the hour. The more time they spend working on your case, the more it may cost you. The Shotwell Law Group is transparent with our billing policy, by charging flat fees for representation, so our clients know what to expect when it comes to the cost of our services.

Schedule a Consultation With The Shotwell Law Group

The outcome of your impending DWI case has the potential to impact your life in various ways for years to come. You have a very short time to prepare your defense, so it is crucial that you connect with an experienced Wilmington DWI lawyer you can trust so they can start defending you right away. Contact The Shotwell Law Group today to schedule a consultation with our team and learn how we can assist with your case.