If a North Carolina judge or jury convicts you or a loved one of Driving While Intoxicated (DWI), the conviction may cause you long-lasting and life-changing effects.
As soon as you’re charged with a DWI, employing a lawyer who understands the intricacies of North Carolina’s DWI laws can help you avoid conviction and even possibly dismiss the case.
How Do I Get My DWI Case Dismissed In North Carolina?
The ability to have your DWI case dismissed depends on a few critical factors, such as your past criminal record, any previous DWIs, why the police stopped your car, and how the police handled your stop.
A skilled lawyer will investigate why the police officer stopped your vehicle when taking on your case. Your legal team will see if the officer had reasonable suspicion to pull you over and if they had probable cause to arrest you. If the police officer violated your constitutional rights during the stop or arrest, the case could be dismissed.
A common reason cases get dismissed is an officer’s lack of legal suspicion to pull you over in the first place. Your legal team should analyze the officer’s notes, bodycam footage, DWI report, and witness testimonies to ensure the officer did not violate your rights.
Next, your lawyer will ensure the police officer administered any field sobriety tests, roadside Alcosensor tests, and chemical analysis of breath or blood alcohol correctly. Improperly conducted tests or expired materials used can invalidate the results and help dismiss your charge.
What Could Stop My DWI Case From Being Dismissed?
Not all cases can be dismissed, and certain aggravating factors can worsen your charge. For example, if you have any prior DWI convictions within the last seven years, were driving with a passenger under the age of 16, caused an accident that resulted in a severe injury, or were driving with a suspended license, your case will carry harsher punishments.
If your past criminal record is clean, that helps but isn’t a silver bullet in dismissing the case.
What Should I Do If I’ve Been Charged With A DWI?
If you’ve been charged with a DWI, call the Knox Law Center when the police allow you a phone call. Quickly employing an experienced attorney with knowledge of DWI laws in North Carolina can help you avoid jail time, losing your license, and thousands of dollars of fines.
We offer complimentary consultations to help evaluate your case and provide you with the best chance of winning or dismissing your case.