Experienced DWI Trial Attorneys
If you or a loved one has been arrested and charged with Driving While Impaired (DWI), you've probably got more questions than answers. What are the consequences of a DWI conviction? Am I facing jail time? Will I lose my driver’s license? How am I going to keep my job if I can’t drive anymore? Is there anyway I can win my case? One question that you shouldn’t have to stress about is whether you hired the right attorney. Every lawyer’s webpage says that they “aggressive” and “will fight for you”, but how can you know if you have hired the right one?
You need a DWI lawyer who is knowledgeable. There isn’t much that is simple about a DWI case in North Carolina and you need to have an attorney that isn’t going to miss something that might help you keep your license or win your case. We have some of the most strict laws in the entire country. There are 6 levels of DWI convictions, each carrying different types of consequences depending on the presence of aggravating, grossly aggravating, and mitigating factors. The court can impose jail time or community service depending on the situation. The DMV can impose license revocations. There are multiple types of limited privileges to drive that you might qualify for. There may be multiple defenses that you might have including the law enforcement officer not having reasonable suspicion to stop you or probable cause to make an arrest. There are defenses that involve improper procedure with the breathalyzer or being denied the opportunity to have a witness present. Call or make an appointment with us and we will make sure you are given a thorough explanation of all of your options.
You need a DWI lawyer who has trial experience. Your case may not require a trial, but there is no substitute for having a DWI attorney who has tried dozens of cases. DWI trials are a large and crucial part of defending DWI cases in North Carolina. An attorney who has tried numerous cases is better equipped to find winning issues when they speak to you, interview police officers, or negotiate with prosecutors. More importantly, prosecutors know which defense attorneys are bluffing when they say they are willing to take a case to trial and which ones aren’t. You want to have an attorney who carries credibility when they advocate for you.
You need a DWI lawyer who treats your case as seriously you do. It can be easy for attorneys who handle hundreds of traffic cases to forget how important your case is to you. A DWI charge may have completely turned your life upside down. At Aberle & Wall, you are more than just a case to us and we understand that you potentially losing your license could have serious consequences for your job and family life. We know you are going to have a lot of questions and sometimes you may need to ask them again for clarification. We get it and that’s okay. This stuff can be complicated and we are here to help.
Driving While Impaired cases can be complex and confusing, but we have developed a simple 5-step custom case plan that will make a DWI charge easy to understand, help you get involved in your own defense, and get you driving legally again as quickly as possible. We are experienced DWI trial lawyers and have dozens of “Not Guilty” verdicts to prove it, but we want to prepare you for every type of outcome. If your case is dismissed or you are found not guilty, you only have to worry about steps one and two, but we are always prepared to move to the next phase of a case if we have to. We try to win every case, but planning for every type of outcome will help you get your license reinstated as quickly as possible. Learn more about each step below.
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How do you choose a Greensboro DWI lawyer?
Frequently Asked Questions about picking the right DWI or DUI attorney in Greensboro, NC
What is a field sobriety test?
A field sobriety test is a roadside test performed by a law enforcement officer designed to help the officer determine if you have been operating a motor vehicle while under the influence of a impairing substance. Some of these tests are considered “standardized” by the National Highway and Traffic Safety Administration. These tests include the horizontal gaze nystagmus test, the walk-and-turn test, and the one leg stand test. Sometimes officers also perform non-standardized tests such as the finger-to-nose, reciting the alphabet, counting backwards, and many others. How do you pick the right Greensboro DWI attorney? Make sure they are familiar with exactly how these tests are performed. Not every attorney is skilled enough to cross-examine a police officer on whether they performed a test correctly. If an officer performs a test incorrectly, a skilled DUI lawyer can argue that there was no probable cause to make the arrest in the first place.
I was arrested and charged with a DWI. Is that the same thing as a DUI?
Many states have different terms for impaired driving, but in North Carolina, the charge is called Driving While Impaired or “DWI. ” Charges such as Operating Under the Influence (OI), Drunk Driving (DD), Driving Under the Influence (DUI) or Driving While Intoxicated (DWI) are all the same charge in North Carolina.
What does the prosecutor have to prove in my DWI case?
Driving while impaired is covered by North Carolina General Statute 20-138.1. Part of that statute is reproduced below:
20-138.1. Impaired driving
(a) Offense. - A person commits the offense of impaired driving if he drives any vehicle upon any highway, any street, or any public vehicular area within this State:
(1) While under the influence of an impairing substance; or
(2) After having consumed sufficient alcohol that he has, at any relevant time after the driving, an alcohol concentration of 0.08 or more. The results of a chemical analysis shall be deemed sufficient evidence to prove a person's alcohol concentration; or
(3) With any amount of a Schedule I controlled substance, as listed in G.S. 90-89, or its metabolites in his blood or urine.
There are three different ways for a prosecutor to try to prove that you are guilty of driving while impaired. Most people think of number 2 above, driving while having a blood alcohol concentration of 0.08 or more, but there are also two additional ways to show guilt. One way is if you have any amount of a Schedule I substance in your blood, such as heroin. The final way is the catch-all provision for being impaired by any other substance or if there is no blood alcohol sample that was taken. For example, if you are driving under the influence of prescription pills or marijuana, this prong of the statute would be used. Where it gets tricky is deciding whether you were actually “under the influence” or not. This is where having an experienced Guilford County DWI lawyer who knows how to take cases to trial, file motions to suppress, or cross-examine an officer or chemical analyst can make a difference. The key is generally whether you have consumed a sufficient amount of an impairing substance to appreciable impair your physical and/or mental faculties or motor skills. There is a similar charge for driving a commercial vehicle while impaired that can have even more serious consequences. If you have a Class A or commercial driver’s license, losing that license can have serious consequences on the financial stability of your family. Call us for a free consultation to see if we can help you keep that license.
Have you been charged with Driving After Consuming Under 21?
North Carolina prohibits driving with any alcohol in your system if you are under 21. A conviction for this offense can also lead to a suspension of your license until you are at least 21 years old. Part of the statute is covered below:
§ 20-138.3. Driving by person less than 21 years old after consuming alcohol or drugs.
(a) Offense. - It is unlawful for a person less than 21 years old to drive a motor vehicle on a highway or public vehicular area while consuming alcohol or at any time while he has remaining in his body any alcohol or controlled substance previously consumed, but a person less than 21 years old does not violate this section if he drives with a controlled substance in his body which was lawfully obtained and taken in therapeutically appropriate amounts.
Can I refuse the field sobriety tests or the breathalyzer?
You are not required to submit to field testing, which includes most roadside tests. You can always politely refuse to participate in any tests when you are pulled over and ask if you are free to leave. The major exception to the rule is the breathalyzer or intoximeter test that is often administered after you arrested. North Carolina is an “implied consent” state. That means that part of your privilege to drive in the state of North Carolina requires you to submit to a breathalyzer or intoximeter to determine your blood alcohol level. Refusing will result a loss of your licenses for a year, even if you wing your DWI case later. This is different from a roadside portable breath test, which you may also refuse alongside other roadside tests.
Every DWI/DUI case is different and you should consult an experienced criminal defense attorney that has handled several driving while impaired cases and can help you understand what your options are. If you are facing a DWI charge in Guilford County, don’t fight it alone and don’t shell out thousands of dollars for an attorney who is more interested in pleading you guilty tha helping you understand your rights.
What does Blood Alcohol Concentration (BAC) mean?
What does a 0.08 BAC actually mean? It means that grams of alcohol for every 100 milliliters of blood. So a 0.08 BAC means that you have 0.08 grams of alcohol for every 100 milliliters of blood in your system. This figure can be determined by a breath, blood, or urinalysis tests known as a chemical analysis test. These results are not always accurate and when they are performed improperly, a Greensboro DWI attorney may challenge the results or seek to have them suppressed. A motion to suppress can also be filed to keep out the results of these chemical tests if you were stopped or arrested unlawfully. If there is no reasonable suspicion for the traffic stop or no probable cause to arrest you, the DWI charge could get thrown out because your constitutional rights were violated.
How do I choose a DWI lawyer? I am looking for an attorney In Guilford County, North Carolina, but don’t know what to look for.
It can be hard to know who to trust when you are looking for a DWI lawyer in Greensboro, NC. You get bombarded by lawyer letters, advertisements, and websites that list “top” and “best rated” lawyers. Here is the truth though: you don’t have to do anything to earn most of those titles but pay thousands of dollars a month to legal marketing companies. You can pay to have your website listed near the top of search results without every having tried a case.
At Aberle & Wall, we hold ourselves to a higher standard and it is this simple: we know that we can earn your trust by giving us just 15 minutes of your time with a completely free, no-obligation phone call. Need some questions to ask a Greensboro DWI lawyer?
How long has this lawyer been in practicing?
How many DWI trials has this lawyer done?
How many motions to suppress has this lawyer filed?
Does this lawyer care about my case as much as I do?
Does the lawyer know the punishment for every level of DWI?
Has this lawyer ever been disciplined by the state bar?
Will I be able to get this attorney on the phone?
Will this attorney keep me updated about my court dates?
How does this lawyer set prices?
Will this attorney get me involved in my own defense?