Driving While Impaired: The Morning After
So you’ve been charged with a DWI. You wake up the morning after and your life is suddenly different. More than likely, your car has been towed or left in a vacant lot near the scene of your arrest. You look in your wallet, and you remember that your license was confiscated by law enforcement. You wouldn’t be allowed to drive even if you had your car! The details of the evening come back to you in a rush of embarrassment and anxiety. What should you do next? What can you do?
Find An Attorney That Specializes In Defending Driving While Impaired Charges
An attorney that is experienced in handling DWI charges should be able to put your mind at ease fairly quickly. There are things that an attorney can do that will get your life back to normal within days. The internet is a great place to begin your search, but it can be a challenge to know whether the website your viewing accurately depicts the attorney you’re considering hiring. Look for client and colleague testimonials on professional review sites like Avvo.com. You should be able to find information on a reputable attorney outside the confines of that attorney’s web site. Most importantly though, make contact with the attorney you’re considering hiring. Speak with them on the phone, or meet with them at their office. Are they interested in your situation? Are they knowledgable? Do you feel comfortable speaking with them?
You’ve Hired An Attorney: What Happen’s Next
Work should begin immediately. 11 days after your arrest, and perhaps sooner, there are opportunities to restore your driving privileges. Your attorney should provide you with a list of Substance Abuse Assessment Agencies where you can get an assessment. This involves meeting with a professional substance abuse counselor for about an hour, and the cost is usually around $100. The assessor will recommend required alcohol education classes based on the results of your assessment. You should generally enroll in these classes right away. Your attorney should be getting a copy of your driving record, your proof of insurance, and preparing the petition for your limited driving privilege. All of these things will allow your attorney to get you a limited privilege to drive on day 11 after your arrest. The limited petition to drive will last for 20 days. On day 30 after your arrest, the court will return your license and your full privilege to drive will be restored. Your attorney should have the knowledge and wherewithal get both your limited privilege on day 11 and your license on day 30 without your presence in court.
I’m Back On The Road: What’s Next?
Your first court date will arrive around the time you’ve got your license back. You will not be litigating your matter on this date. The first court setting provides an opportunity for your attorney to speak with the Assistant District Attorney (ADA) and the law enforcement officer that investigated your case. In DWI cases, law enforcement officers are trained to fill out a Driving While Imparied Report (DWIR) which breaks down their investigation into three phases. These phases are vehicle in motion, interaction with the suspect, and results of field sobriety testing. There is often a narrative that will be attached to the DWIR. Many patrol vehicles are equipped with a dash cam, and your attorney should begin the process of subpoenaing for all this evidence.
I Made It Through My First Court Date: When Will This Be Over?
DWI cases have an average life span of 8 months in District Court. You can anticipate returning to court every other month for another court setting. Most counties in North Carolina average 8-15 DWI arrests per night. As a result, the court system is crowded with attorneys and defendants doing everything they can to manage their cases. The ADA is often swamped with requests for trials and will generally litigate the oldest cases first. If you want to contest your charges, you often need to return to court until your case is one of the older ones. The good news is that you remain cloaked in a presumption of innocence and your privilege to drive remains intact throughout the process.
The Day Of My Trial Is Here: What Will Happen?
Prior to your last court date, your attorney should have met with you several times to discuss your case. Blowing above the legal limit does not mean you should plead guilty. There are dozens of things that can happen on the night of your arrest that will provide an opportunity for your attorney to litigate and win your case. Your attorney should be exploring these things, and keeping you informed throughout the process. When it’s your turn to sit at the trial table, the process is very straight forward. There is no jury selection in District Court. The judge will be the sole arbiter of fact and law. The ADA will call their case and law enforcement officials will testify. Your attorney will have a chance to cross examine, and then decide whether or not to call witnesses on your behalf. The legal strategy and process of the trial should be made clear to you prior to your trial. The worst case scenario should also be spelled out, so you know whether or not trial is the right choice for you.
What are the risks? What if I’m found guilty?
Being convicted of a DWI in North Carolina could land you in jail. A first time offender however should get unsupervised probation. It’s important to talk to your attorney about your potential sentence. While DWI is a misdemeanor charge, it is governed under a different statute than all other misdemeanor charges. An experienced attorney will be able to explain where you fall on the sentencing scale during your initial consultation. If you’ve called someone with a flashy website, but they can’t answer your DWI questions, then you should keep looking. The right attorney will have time for you and have you looking towards getting your privilege to drive restored as soon as possible. There is a long road ahead of you, and when you’ve hired the right counsel, you’ll be informed of any potential pitfalls before you reach them.
