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North Carolina DUI / DWI Questions & Answers
1 Answer | Asked in Criminal Law, DUI / DWI, Traffic Tickets and Civil Rights for North Carolina on
Q: What to do / say to an officer when pulled over? Anyone have a concise information sheet that can be kept in car?

I've seen lots of videos and articles on what to say/do or not say/do during traffic stops. But what I'm wondering is, does anyone have a concise sheet / summary of these basic instructions that could be kept in the vehicle so that I could actually... remember some of this advice?... View More

James L. Arrasmith
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answered on Oct 21, 2024

When you’re pulled over, stay calm and pull over safely to the side of the road. Keep your hands visible, preferably on the steering wheel, and wait for the officer to approach. Avoid making sudden movements and follow the officer’s instructions carefully.

Provide your driver’s...
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1 Answer | Asked in Criminal Law, DUI / DWI, Civil Rights and Health Care Law for North Carolina on
Q: I am trying to help an incarcerated loved one with court-order rehabilitation; process for Power of Attorney?

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James L. Arrasmith
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answered on Sep 1, 2024

To help an incarcerated loved one with court-ordered rehabilitation, you’ll need to establish Power of Attorney (POA) to manage their legal, financial, or medical matters. Start by discussing with your loved one the specific powers they want to grant. This can be for general matters or specific... View More

1 Answer | Asked in Criminal Law, DUI / DWI and Native American Law for North Carolina on
Q: MY SON IS GOING TO COURT FOR HIS 2ND PROBATION VIOLATION IN NC. DO U KNOW THE AMOUNT OTF TIME THAT ENTAILS. HIS FIRST

VIOLATION HE RECIEVED 3 DAYS. THE CODE FOR HIS CHARGE IS 5083 15A-1345. HE HAS ANOTHER CHARGE IN CHEROKEE NC ON TRIBAL LANDS HE HAS 2 DUI CHARGES THERE AND ONE OF THEM THAT HE WAS CHARGED WITH HE WAS OUTSIDE THE VEHICLE WHEN THER OFFICER ARRIVED AND HE GOT CHARGED ANYWAY. ANY ADVICE IN THIS... View More

John D. Pritchard
John D. Pritchard
answered on Jun 7, 2024

If your son's probation violation is for absconding (running away and not allowing himself to be supervised) or for committing a new crime, it is possible his entire sentence could be activated and he would have to serve it. If it is for anything else (not paying money, positive drug tests,... View More

1 Answer | Asked in DUI / DWI for North Carolina on
Q: Say i left north carolina on probation for dui an they issued a warrant misdemeanor. Is there a statue of limitations on

I left over 10 years ago an not drank since but family emergency has me going back can the arrest me an lock me in prison for leaveing or is there a statue of limitations

Reid DeChant
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answered on Nov 16, 2023

The statute of limitations limits the amount of time from which they can issue a warrant or complaint (charge) in relation to the date of offense. Once they issue the warrant, the warrant could be renewed indefinitely, until you are arrested. Otherwise, everyone would do what you did and just leave... View More

1 Answer | Asked in DUI / DWI for North Carolina on
Q: Passed out while driving, wrecked, charged with DWI. Given 24hrs of comm. service, can't do it due to health. What to do

I felt fine that day, suddenly passed out while driving, wrecked, totaled my car. No others involved, caused property damage, insurance handled. Officer arrested me, charged DWI. I was very cooperative, voluntarily took blood test, made them aware of all meds I take and health issues. Hired DWI... View More

Kevin Moghtanei
Kevin Moghtanei
answered on Apr 19, 2023

Thank you for your question. In this instance, is advisable to visit your doctor, who can write a note indicating the you are physically unable to complete the community service hours. Also, in many jurisdictions/ courthouses, there should be a community labor/ service office where you can ask them... View More

1 Answer | Asked in DUI / DWI for North Carolina on
Q: I have no prior convictions and clean record. I was recently charged with Dwi and cannot afford a lawyer.

I work full time but with bills I cannot pay outright for representation, can I qualify for legal aid or help?

Jeff  Yeh
Jeff Yeh
answered on Feb 9, 2023

You may qualify for a Public Defender. At your arraignment, the Judge will ask you to fill out an asset declaration, among other paperwork, then decide whether you qualify. But remember that PDs are not able to represent you at the DMV Hearing (let alone request a hearing for you within 10 days of... View More

1 Answer | Asked in Appeals / Appellate Law, Criminal Law and DUI / DWI for North Carolina on
Q: In North Carolina does the state have the right to appeal a DWI case to Superior Court.

District Judge dismissed and suppressed the arrest of a DWI case because arresting officer violated defends 4 amendment rights by arresting defendant inside his home with no probable cause and no search warrant.

Nick Benjamin
Nick Benjamin
answered on Jan 28, 2023

yes, they can appeal if it’s motion to suppress.

1 Answer | Asked in DUI / DWI for North Carolina on
Q: Ok if i violated probation for the 1st time and get locked up how long will i be locked up?
Allison Dunlap
Allison Dunlap
answered on Jun 30, 2022

The answer depends on several things: the original offense commited, the terms/conditions of your probation, the circumstances surrounding the violation, your criminal history, etc. If an attorney represented you on the underlying offense, I suggest reaching out to that attorney. If not, I would... View More

1 Answer | Asked in Car Accidents and DUI / DWI for North Carolina on
Q: I had a DUI a year ago, which resulted in an accident where I hit another car.. The people I hit are suing me...my

Question is, my insurance is maxed out, so can they get my only asset which is my home? I have no other assests besides my one car and my house, and very little money in a checking account, currently unemployed as I am full-time caretaker for my elderly father.

Randy Bryan Ligh
Randy Bryan Ligh
answered on Apr 19, 2021

We can give general guidance, however, in your situation, you really need to set up an appointment with a bankruptcy attorney and discuss specifically what is and is not protected if you file bankruptcy. Additionally, I would contact your insurance company and the adjuster handling this matter... View More

1 Answer | Asked in DUI / DWI for North Carolina on
Q: Can I still be charged with a DUI if I wasn’t arrested or charged on the scene? I also have no memory of the event.

I was released from the hospital when I regained consciousness with no information from the police. Nobody was hurt, and the only property damage was my car. The last thing I remember before waking up in the hospital was talking to my dad while lying in bed at home.

Amanda Bowden Johnson
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answered on Jan 26, 2021

The short answer is - yes. And in NC it is DWI not DUI. If you suspect you may be charged, you should consult with a local, experienced DWI attorney as soon as you are able. If law enforcement questions and / or charges you before you get a chance to consult with an attorney - you should not say... View More

1 Answer | Asked in DUI / DWI for North Carolina on
Q: how many years do you get in prison for a dui
Amanda Bowden Johnson
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answered on Jan 22, 2021

It depends on several factors such as your prior record, what level DWI you are classified in and and mitigating or aggravating factors. Some first offense, low level DWI's result in no active jail time. If you are charged with DWI, you should consult with an experienced DWI attorney ASAP.... View More

1 Answer | Asked in DUI / DWI and Criminal Law for North Carolina on
Q: Can police or constable from PA come to NC to arrest someone who skipped state for DUI charge?

They were on electronic monitoring when they left state and cut it off, there was no injury to property or person with the DUI but it was their 2nd offense.

Anthony M. Avery
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answered on Feb 5, 2021

Yes... Extradition for a Misdemeanor is lawful, but alot of States do not pursue them as a matter of policy. About the only defense in NC is identity.

1 Answer | Asked in DUI / DWI for North Carolina on
Q: I got charged with dwi july 2019 haven't driven since then. My court date is Feb 2021.

Will i be suspended again for another year till 2022 the dmv says it's already suspended now before ive been convicted so that's almost two years suspended already

Amanda Bowden Johnson
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answered on Dec 30, 2020

DWI cases are complex. There are many reasons you could currently be suspended and without knowing more about your case, it is impossible to say why you are suspended in your particular case. However, if you don't have an attorney, very likely you are currently suspended simply because you... View More

1 Answer | Asked in DUI / DWI for North Carolina on
Q: I was charged with d w i. February 23 2019. I have entered a plea of not guilty in district court court has been put off

How does the statute of limitations work if I haven't been to court

Amanda Bowden Johnson
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answered on Dec 9, 2020

A statute of limitations would not apply to your situation if by statute of limitations you think the state has a limited amount of time to prosecute you. Basically, it is not unusual for DWI cases to take around a year to resolve. Also, if you think you have a right to a speedy trial or a trial... View More

1 Answer | Asked in DUI / DWI for North Carolina on
Q: So if I was ordered to do x,y and z instead of 60 days jail time, but went to jail anyway doesn't that cancel out xy&z?

So I was ordered to get the blower, go to alcohol classes, be on unsupervised probation and whatnot in lieu of active time. Then I was arrested anyway, so what I'm asking is could I not have just activated my time for this charge while I was already locked up so I wouldn't have to get out... View More

Amanda Bowden Johnson
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answered on Nov 30, 2020

It could have if you would have hired an attorney to handle it for you at the time. If you didn't - likely not, you'd likely just have x,y and z waiting for you when you got out of jail.

1 Answer | Asked in DUI / DWI for North Carolina on
Q: Can I hire a lawyer and get a 5 year old DUI taken care of with a court date instead of jumping thru a bunch of hoops?

I was sentenced for a level 5 DUI in Guilford county in 2015 and given unsupervised probation and several hoops to jump through in order to drive again. I was promptly arrested a few months later on unrelated charges and given a lengthy prison bid. The whole time I was going through court I asked... View More

Amanda Bowden Johnson
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answered on Nov 30, 2020

An experienced DWI attorney in the area where the case was heard may be able to go back into your old case and can likely help you avoid some of the 'BS' as you put it but the bottom line is you will have to comply with whatever ultimately gets ordered by the Court or you will have to... View More

2 Answers | Asked in DUI / DWI and Immigration Law for North Carolina on
Q: My boyfriend(illegal) was arrested for dui(2nd time), driving my car. It was seized by state. How do I get it back?

My boyfriend,age 25, has been in US since he was a child, illegally. He's never had a us license. He got arrested at age 19 for dui. He was arrested yesterday for dui(out on custody release). I am the owner of the car, and was unaware that he'd been drinking. I was asleep in passenger... View More

Kevin L Dixler
Kevin L Dixler
answered on Nov 29, 2020

More information is needed. Who took the car? Where?

The car probably was likely taken for reasons other than immigration. Find out why! It may have been impounded for a search warrant.

If there were drugs found in the car, it can be forfeited. Find out whether it was...
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1 Answer | Asked in DUI / DWI for North Carolina on
Q: DUI violation

If I received a dui in NC can I get it deleted from my records. Some jobs I apply for see that and am not offered a job. I believe it’s been 5 years ago

Amanda Bowden Johnson
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answered on Oct 20, 2020

In NC it is a DWI, typically speaking it will stay on your record forever. You could look into the possibility of having it expunged but that is of extremely limited value - if it can even be done. Any job more significant than say a dishwashing position, will likely specifically ask if you have... View More

1 Answer | Asked in DUI / DWI for North Carolina on
Q: I have a pending DWI charge with 2 prior convictions but only 1 within 7 years. How long will I lose my license for?
Amanda Bowden Johnson
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answered on Sep 6, 2020

It depends on a lot of factors that can not be easily discussed on a forum like this. So you should consult with a DWI attorney. Some DWI issues are time sensitive so you should do that ASAP. Suffice to say - you should be more concerned about possible jail time than the lost of license.

1 Answer | Asked in DUI / DWI for North Carolina on
Q: What does it mean when a judge terminates my probation,and turns the fees I still owe to a civil judgment

I was convicted in New Hanover county,but live in Wake county,so I reported to probation in wake county.i completed everything in the court’s order except pay the money,so my probation officer violated me and took me back to court today to see if the judge would throw out the fees. He dismissed... View More

Kristen Dewar
Kristen Dewar
answered on Aug 28, 2020

When a judge enters in money you owe to the court as a civil judgment against you, it basically means that you now owe the state that money. How it is usually paid back is either by you going to the courthouse and paying it directly, or if the state ever owes you money (e.g., a state tax refund, or... View More

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