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North Carolina DUI / DWI Questions & Answers
1 Answer | Asked in DUI / DWI for North Carolina on
Q: My dwi case was dismissed by a judge on September 11th 2017. online court calendar says I have a court date next month.

Is the online calendar wrong do they take their time updating it. I haven't heard anything from my lawyer.

Kristen Dewar
Kristen Dewar
answered on Nov 22, 2017

Contact your attorney.

1 Answer | Asked in DUI / DWI for North Carolina on
Q: Can I get a DUI for taking too much allergy medication?
Kristen Dewar
Kristen Dewar
answered on Dec 5, 2017

Yup, if the State can prove that the allergy medication impaired your faculties while you were operating a motor vehicle, you can be charged with DWI. DWI is not just for alcohol.

1 Answer | Asked in DUI / DWI, Civil Rights and Libel & Slander for North Carolina on
Q: Having something removed from record?

How do i go about having a dui charge from 2008 removed from record, background check? And also a charge that Im not sure if its on my record or not, but child neglect/abuse that i was never convicted of through court, but had to sign a paper for department of social services when me and my child... View More

Kristen Dewar
Kristen Dewar
answered on Dec 5, 2017

You cannot expunge a DWI conviction from your NC criminal record. You used to be able to, but the expungement law was changed as of December 1, 2015. Hopefully, the legislature will revisit the law and revise it one day.

1 Answer | Asked in Criminal Law and DUI / DWI for North Carolina on
Q: I am on unsupervised probation will I be drug tested at my community service intake?
Kristen Dewar
Kristen Dewar
answered on Dec 8, 2017

People on unsupervised probation are not usually subjected to drug tests, but it can happen.

1 Answer | Asked in DUI / DWI for North Carolina on
Q: What is going to happen and what do I have to do if I got my first DWI with 0.8 breath test.
Amanda Bowden Johnson
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answered on Oct 6, 2017

You need to hire an experienced DWI attorney .08 is within the range that trial may be a possibility.

1 Answer | Asked in DUI / DWI for North Carolina on
Q: Do I have to do all 20 hours of dwi classes what's the minimum I've already done community service

North Carolina

Amanda Bowden Johnson
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answered on Oct 3, 2017

You would have been ordered to do certain things - you have to do those things or you will likely not like the outcome. So if 20 hours of DWI classes were ordered, you have to do them.

1 Answer | Asked in DUI / DWI for North Carolina on
Q: Is there a time limit in North Carolina that a police must file a DUI charge within? It's been a month since I got

pulled over and I haven't heard anything.

Amanda Bowden Johnson
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answered on Oct 3, 2017

You would have 'heard' something when you got pulled over - there is no way you were charged with DWI and don't know it.

1 Answer | Asked in Collections and DUI / DWI for North Carolina on
Q: i got a dui 17 yrs ago never paid fine got a call from collections can they suspend my dl now
Kristen Dewar
Kristen Dewar
answered on Dec 5, 2017

Are you sure your license isn't currently suspended? The DMV usually suspends for failure to comply with court-ordered fines, or for failure to be reinstated from your DWI conviction (which would include the county you were convicted in confirming to DMV that you had paid all ordered fines).

1 Answer | Asked in Civil Litigation and DUI / DWI for North Carolina on
Q: I had my NC drivers license reinstated in a hearing 2 weeks ago--I am required to have an interlock device--

I have had a throat injury and surgeries that prevent me from doing the blow and hum necessary to activate the interlock--I can do the breath sample but can not hum--does the state have to provide me with an alternate method--does the state have to deactivate the hum feature--I was declared... View More

Kristen Dewar
Kristen Dewar
answered on Dec 5, 2017

Contact DMV and ask.

1 Answer | Asked in DUI / DWI for North Carolina on
Q: How likely is the state to appeal a dismissal of a dwi. If was my first one and never been in trouble before

Judge dismissed my dwi charge because officer didn't follow a written department policy

Amanda Bowden Johnson
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answered on Sep 14, 2017

Highly unlikely.

1 Answer | Asked in DUI / DWI for North Carolina on
Q: Can you get arrested for carrying an open bottle of beer on a public street in North Carolina?
Kristen Dewar
Kristen Dewar
answered on Dec 5, 2017

Yes. It's covered under N.C. General Statutes Chapter 18B; it also can be covered under your city/town ordinances.

1 Answer | Asked in DUI / DWI for North Carolina on
Q: I received my first DUI last night. They had highway 421 blocked to do a road check, is that legal to block a major

Highway? What are some possible errors that the arresting officer could have done?

Amanda Bowden Johnson
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answered on Aug 26, 2017

In NC its DWI. Yes, perfectly legal to set up a road block if the proper procedures are followed. Cops sometimes refer to it as 'using a net instead of a pole' (some sort of lame fishing analogy I suppose). At a major road block, there is often a swarm of law enforcement (usually state... View More

1 Answer | Asked in DUI / DWI for North Carolina on
Q: Can someone have two DWIs in the past have a passport?

I have two DWIs aged at least 10years can I get a passport???

William C. Head
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answered on Aug 21, 2017

Not aware of any bar to you getting a passport. However, some countries, like Canada, will deny you entry to their countries.

A passport is only proof of citizenship, needed to travel abroad.

1 Answer | Asked in Traffic Tickets and DUI / DWI for North Carolina on
Q: Hiring a lawyer to gain possession of my license should not be on me as it was taken illegally, any case here?
Amanda Bowden Johnson
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answered on Aug 8, 2017

You really are from Pennsylvania! Welcome to how we do things down south.

1 Answer | Asked in Criminal Law, DUI / DWI, Traffic Tickets and Civil Rights for North Carolina on
Q: How is it that after 1 hour and 19 minutes my BAC did not change? Should I get a liver enzyme blood test?

The body metabolizes alcohol at the rate of about 0.005 per twenty minutes. A different reading from the field test to the facility test should be shown. I am a healthy male 131 lb. and waited and hour before driving. If the equipment gave a false reading and scientifical the level should have... View More

Amanda Bowden Johnson
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answered on Aug 8, 2017

Every body metabolizes alcohol differently based on a plethora of factors. The field or portable breath test is highly unreliable. Even the machine used at the station has a .02 +/- variance. But even if you were given the benefit of a .02 variance in your favor, you are still a full point above... View More

2 Answers | Asked in DUI / DWI for North Carolina on
Q: Can I refuse to answer any of a policeman's questions until my lawyer shows up?
Amanda Bowden Johnson
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answered on Aug 8, 2017

Not only can you refuse but you have a constitutional right to refuse. Once you get out of grade school officer friendly ain't your buddy no more - don't tell them squat - ever!

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2 Answers | Asked in DUI / DWI for North Carolina on
Q: If you are sentenced to 30 days in county for a dWI, will you serve the entire time? Is there a chance of early release?

It is a A1 misdemeanor

William C. Head
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answered on Aug 8, 2017

Call Bill Powers. 980-622-3600. He is a NC DWI specialist.

Some jurisdictions have jail overcrowding, that may benefit you.

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2 Answers | Asked in Criminal Law, DUI / DWI and Traffic Tickets for North Carolina on
Q: Should I transfer my driver's license to NC before court? What level will I be charged with?

I was arrested for DWI on Friday in NC. I am in the process of moving to NC but was holding a PA license. The NC Trooper took possession of my PA license. This will be my fourth DUI charge since 1999 (2 in MD (1999 and 2002), 1 in PA (2009), and now 1 in NC. (2017)) I am not on papers at the... View More

William C. Head
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answered on Aug 8, 2017

With your record, talk to a PA attorney and a NC attorney.

Call Bill Powers at 980-622-3600 for NC

Call Justin McShane for PA or any attorney at his office, 717-657-3900

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2 Answers | Asked in Legal Malpractice, Car Accidents, DUI / DWI and Juvenile Law for North Carolina on
Q: My 20 year old son was knowingly allowed to enter a bar being marked as over 21 the legal drinking age. After he left

The bar he was involved in head on collision and was arrested for DWI I'm curious can any charges be made against the bar since his friend let him in. His friend is an employee of the establishment so he is their responsibility

William C. Head
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answered on Aug 6, 2017

Others injured or killed have the best claims. Your son willingly participated.

To get additional information, look at Super Lawyers, for NC personal injury attorneys in your town or the closest big city. Ask for guidance.

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1 Answer | Asked in DUI / DWI for North Carolina on
Q: Back in 2003 , I got two back to back dwi 's, within a month or so apart. Hired a good lawyer, I thought, who somehow

Flipped my paperwork around so come to find out dmv has me for 2 failure to appear with alcohol classes but " no dwi" convection but yet the court says I need classes.I'm clueless on what to do. Its been over 10 years and no more convections of any kind. Dmv says I gotta go by what... View More

Kristen Dewar
Kristen Dewar
answered on Dec 5, 2017

Sounds like you need to contact a DMV-approved provider and get two new DWI assessments, and follow through on recommended treatment. If you had 2 DWIs, you'll need to complete 2 assessments but you can complete 1 set of classes (2 birds, 1 stone). After you get the classes done, they'll... View More

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