Criminal Law Questions? Ask a Criminal Lawyer.
Hello. My name is XXXXX XXXXX I will be glad to help you.
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I am sorry to hear about your unfortunate situation.
Yeah, how are you doing? sorry its so late. Just trying to figure some things out with this DWI situation
It is okay. I am here to came.
Can you please tell me if your driver licensed was taken from you by the arresting officer?
Yes it was. That is why i was wondering when I can get it back because I have never been charged with anything like this and the officers told me after 24 hours I would be fine to drive my truck again. I just do not know how the whole situation works.
Did you have to post bond in order to be released while your DWI case is pending?
No sir, I called my brother to come as a witness for the breath test at the jail and they let me go for free. No money was paid for my release.
Have you consulted and retained a local DWI defense attorney yet?
No sir I have not.
I am afraid this is a serious situation and the officer did not correctly inform you about the situation with your license.
Unfortunately, when someone is arrested for DWI in North Carolina the driver’s license is revoked for 30 days (on first offense) in what is called a “civil revocation.” The civil revocation is required of everyone arrested for DWI.
Ok, so what should my next course of action be?
So, there is no way I will be able to drive until may 5 on my court date?
Well, the good news you can apply to get your license back after 10 days after the arrest if you do get DWI Substance Abuse Assessment and comply with the outcome of the assessment . If you get no assessment, you will be able to pick up your driver’s license at the clerk of court’s office after 30 days has passed and by paying a $75 restoration fee at that time. The license is valid until the case is resolved in court.
If you try to drive and stopped you can be arrested again and charged with driving while your license is revoked due to DWI arrest, which is a serious misdemeanor.
So I should call the courthouse and ask about the DWI Substance Abuse Assessment?
Basically, this is a very serious situation and unfortunately, North Carolina is very strict when it comes to DWI. If you are found guilty of the DWI you would be subject of a mandatory 1 year suspension of your driver license.
That would be a first step to get your driver license back after 10 days.
Also, will I be able to et the DWI charge off my record if I use my expungement?
However keep in mind that the the assessment program might require you to undergo alcohol treatment, attend AA meetings, etc...
Unfortunately, a DWI charge cannot be expunged from your driving record.
I mean DWI conviction cannot be expunged
At this point you would need to consult with an experienced local DWI attorney and this attorney would be able to represent you in this DWI case and it might be possible for you to contest this DWI charge and possibly the prosecutor would offer you a plea deal, which might allow you to plead to a lower traffic charge, such as reckless driving.
Does this make sense?
So what is the best bet for me to get out of this situation? I have never had a DWI before and my BAC was .11 at the station. If I hire an attorney do you think the odds of me getting out of this are high or low?
It is not likely for someone charged with DWI to simply get out of the charge or to get the DWI charge dismissed, since you did take the breathalyzer and there are two readings showing you over the legal 0.08 limit
I hate to give you this bad news, but it is important to be realistic about this situation and approach it seriously.
But it said on the form that if I refused to take it I would immediately loose my license for 1 year.
They made that very clear to me and they even told me I could come get my truck after 24 hours.
Your local experienced DWI attorney will be able to minimize the penalties and the damage that this DWI charge would result in, but unfortunately there is no simple way to "get out" of this charge and to make it go away.
That is absolutely correct
So i did they right think by taking the test?
If you refused to take the test, you would be subject to mandatory suspension, even if you were later found not guilty of the DWI
The problem is, that if you found guilty of the DWI, you would get a mandatory 1 years suspensions...so there is no way for me to say which option is better...as either way you would end up with a legal issue.
If I speak with an attorney in the morning what are the best case scenario looking like for me as far as getting my license back as soon as I can
The good news, your local DWI attorney should be able to get you a limited driving privilege, which would allow you to drive to and from work, even while you are under 1 year suspension.
As long as you undergo the assessment and comply with the requirements, you would be able to get your driver license back in 10 days.
Ok, well that is definitely a plus. Well I will try and find an attorney in the morning here in Goldsboro, NC and see what he day. Are there any questions or things I need to be sure to say.ask to him? Like I said I haven't every done anything like this before so this is all new to m
I completely understand.
This can be a very stressful and frightening experience for anyone.
I would suggest that you do ask the local lawyer how many years of DWI defense experience he / she has and also if this local attorney practices on the regular basis before the court where your case is pending.
I would suggest that you only hire someone who specialize in DWI defense and who has at least 5 years of experience.
ok well I appreciate your help. Anything else i need to be sure to ask?
You can use these well trusted and reliable attorney information / referral websites to fine an experienced and reputable DWI defense attorney in your area:
ok well thank you so much for your time i really appreciate it.
It is also important for you to make sure that you do get all the terms of your retainer agreement with the local lawyer in writing and all of the terms, fees and services that this attorney will provide to you are stated in this written agreement.
I wish you the best of luck.Thank you and please click on the "excellent service" rating, so I can receive credit for my answer.Bonus and positive feedback is always appreciated, but is not required.
one more question. do you know about how much a DWI attorney is?
or about how much?
Well, it is difficult to estimate a legal fee, since each attorney sets up his/her own rates, however the fee can range from $2,000 to $10,000 or more, depending on the attorney and also whether the case goes to trial.
Make sure you do discuss the fees and costs with any potential attorney before hiring and make sure that the fees and costs agreed upon between you and your attorney are clearly stated in your agreement for legal services with this attorney.
ok well thank you very much for your time
Thank you and GOD bless you.