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North Carolina DUI / DWI Questions & Answers
1 Answer | Asked in DUI / DWI for North Carolina on
Q: My 24 hours community service is due the 29th of this month. Am I able to do hours on the day it is due?

I have two jobs so it’s been hard to get them in so I’m just trying to figure out how I need to set up my schedule this week I just wasn’t sure if it was possible to complete a few on the due date! Thanks for you time

Amanda Bowden Houser
Amanda Bowden Houser answered on Feb 22, 2020

You should have a community service coordinator and should have already been assigned community service - so just go do it. If you fail to complete your hours, here's one bit of advice. Do not roll up in there with that lame I got's two jobs excuse. Your best been is to man up admit you... Read more »

1 Answer | Asked in DUI / DWI for North Carolina on
Q: So my fiance was issued a DWI (the cop said he smelled alcohol on his breath) and that was almost 2 months ago. We had a

Court date but he wasnt called. Went to the clerk of court and they couldn't find the ticket in the system, said he probably didnt turn it in and gave him a new court date. What happens if he forsnt turn it in. And is there no rule or anything that the ticket needs to be turned in by the court... Read more »

Amanda Bowden Houser
Amanda Bowden Houser answered on Jan 23, 2020

There is a lot about your question that doesn't make sense. Typically, if blood is taken that means there was an accident. If the accident was serious enough the officer may not have yet served him with the citation which may explain it not being in the system (of course the more likely... Read more »

1 Answer | Asked in DUI / DWI for North Carolina on
Q: DUI in SC in 2015 I paid $400 of it, I am prepared to pay the rest it has resulted in a FTC warrant is paying it enough?
Amanda Bowden Houser
Amanda Bowden Houser answered on Jan 16, 2020

You need to ask a South Carolina attorney but very likely at this point - paying it will not be enough.

2 Answers | Asked in DUI / DWI for North Carolina on
Q: My wife received a DWI conviction around 10 years ago. She drove on her restricted license for a year after conviction.

When it became time for what she thought was to get her license back, she was told that she needed to have an interlock device installed on her car. At that time, we were not married and she did not have a car. Time passed and she never got her license back and she has been without one ever since.... Read more »

Bill Powers
Bill Powers answered on Jan 16, 2020

GREAT QUESTION

An Interlock may be required, irrespective of the passage of time. DMV in North Carolina tends to be a bit of a stickler on this point.

The expiration of time often does not matter to them.

The condition of an IID for a Conditional Restoration with DMV is...
Read more »

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1 Answer | Asked in DUI / DWI and Traffic Tickets for North Carolina on
Q: I was given probation in another county I had got a ticket in for a pending DWI in the county I live in. Can I fight it?

Should I seek a lawyer to take it back to court so I can get off probation?

Amanda Bowden Houser
Amanda Bowden Houser answered on Jan 1, 2020

Your question doesn't make sense. You do not get probation for pending matters. Do you mean a probation violation? If so, you really shouldn't get violated merely for being charged. Regardless, if you have a pending DWI - you need an attorney. So shop around for a DWI attorney in the county... Read more »

2 Answers | Asked in DUI / DWI and Criminal Law for North Carolina on
Q: Can you be convicted of DUI while on prescribed medication and sinusitis, and concussion?

I'm disabled on medications phenobarbital, synthroid, Fetzima, Latuda, Lanisapryl Armidiinil, sudafed, guaifenesin. Was sick with sinusitis. 1 concussion 7 months earlier caused by Rowan County sheriff's deputies and their supervisor. I was giving sobriety for over 1 hour. I have phenobarbital,... Read more »

Amanda Bowden Houser
Amanda Bowden Houser answered on Dec 12, 2019

If you were charged with DWi, your case is not really complex - you either drove while impaired or you did not. If you are asking can prescription drugs be the basis for the impairment, the answer is yes. You should consult with a local DWI attorney ASAP. Best of luck.

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1 Answer | Asked in DUI / DWI for North Carolina on
Q: I have appealed my case in district court once for a DUI. Can I appeal it again
Amanda Bowden Houser
Amanda Bowden Houser answered on Oct 28, 2019

Appealing means you have had a trial in District court and lost (presumably because you represented yourself) and have appealed to Superior Court for a new trial de novo - this is how cheap hillbilly North Carolina gets around the Constitutional right to a trial by jury in District court - which... Read more »

1 Answer | Asked in DUI / DWI and Traffic Tickets for North Carolina on
Q: Hello, I'm 18 and I received an underage drinking citation. I'm a college student which means I'm worried about this fin

and the effect the citation may have on my educational and professional career, is it possible for the case to be dismissed.

William Jaksa
William Jaksa answered on Sep 3, 2019

It likely won't have a huge impact moving forward, BUT you should contact a lawyer in your area and schedule a consultation. It might be the best money you spend to make sure you handle it correctly and ease your anxiety over the issue.

1 Answer | Asked in DUI / DWI and Probate for North Carolina on
Q: What is the punishment for defrauding a urinalysis for the court system I am on probation and got caught.
Amanda Bowden Houser
Amanda Bowden Houser answered on Aug 21, 2019

It will be a violation of your probation at least. Consult with a local criminal law attorney who can review your situation in more detail and provide you with options. Best of luck.

1 Answer | Asked in DUI / DWI for North Carolina on
Q: charged with dwi over an hour after wreck into woods, charged 1-1/2 hours later at bar over 1 mile away. blew 0.13

was at bar drank "a beer", i did not even finish it, left bar about 12:45am. I was kinda irritated, so i was driving a little on the fast side, coming around a corner i failed to maintain control as the rear end of the car i was driving started to slide in to the turn. the back wheels left road as... Read more »

Amanda Bowden Houser
Amanda Bowden Houser answered on Aug 18, 2019

Basically, if you kept your mouth shut when you were arrested and made no statements - you'll likely get off. If you flapped your hole to law enforcement like most people do - you will likely be convicted. So go consult with a local DWI attorney in the county you were charged in.

1 Answer | Asked in DUI / DWI for North Carolina on
Q: . I have a hold in NC for a fta and dui from 19 years ago. How to resolve this

Im trying to get my licenses now and was wondering if I need to get a lawyer and can I take care of this over the phone or court cam.

Amanda Bowden Houser
Amanda Bowden Houser answered on Aug 9, 2019

It is DWI in North Carolina and no, you can't resolve this over the phone or via 'court cam'. You also likely still have an outstanding Order for Arrest that needs to be dealt with. You need to hire an attorney and keep your fingers crossed that the charging officer is no longer available. Even... Read more »

1 Answer | Asked in Divorce and DUI / DWI for North Carolina on
Q: I need a divorce lawyer but have no money How can I find one. I’m on disability with very limited income

I’ve been separated since 2017. I live in NC but my spouse lives in SC

Amanda Bowden Houser
Amanda Bowden Houser answered on Apr 14, 2019

You can potentially do it yourself somewhat for free if you are indigent and your local court provides a divorce forms packet. It is extremely difficult and confusing for most people and most basically end up wasting their time and some money trying to do it themselves. We can provide... Read more »

1 Answer | Asked in DUI / DWI for North Carolina on
Q: I received a DWI after an accident in my gated community. The roads in my community are owned by Property Owners.

I am just curious to know if I should have asked more questions at trial. I was convicted of DWI. We dont have police patrolling or even have legal stop signs or posted speed limits. Kids drive golf carts on our road. We are a locked gated community that is owned by the Property owners. Could... Read more »

Amanda Bowden Houser
Amanda Bowden Houser answered on Mar 19, 2019

It sounds very much like you represented yourself, if so that was a big mistake and no matter what you asked, the outcome would likely not have been different. If you live in a gated community, you ought to be able to afford an attorney. So if you didn't hire one - hire one now and if you did... Read more »

1 Answer | Asked in DUI / DWI for North Carolina on
Q: My husband had a DUI 10 years ago, he never paid the fines or took the classes. What’s the next step to get his license?
Amanda Bowden Houser
Amanda Bowden Houser answered on Feb 13, 2019

There is no next step. He has to comply with what the Court ordered or he will likely never get his license back.

1 Answer | Asked in DUI / DWI for North Carolina on
Q: Are DUI laws in NC more lenient toward first time offenders?
Amanda Bowden Houser
Amanda Bowden Houser answered on Dec 12, 2018

Somewhat.

1 Answer | Asked in DUI / DWI for North Carolina on
Q: Will my driver’s license be suspended if I refuse or fail to submit to a blood alcohol test?
Amanda Bowden Houser
Amanda Bowden Houser answered on Dec 1, 2018

It is not possible for you to fail to submit. However, if you refuse either the breath or blood test, yes, your license will be suspended.

1 Answer | Asked in Criminal Law, DUI / DWI and Personal Injury for North Carolina on
Q: My husband was hit by a lady in Bunc. Co NC, 3-25-17. Her ins wants us to sign papers releasing her for future probs.

My hubby saw "CAP" arrested@ scene but wasn't asked if he wanted to press charges & he wasn't notified of her court date. Her ins Co conceded the max of 30k BUT wants us to sign a "Release of ALL Claims NOT TO ENFORCE JUDGMENT" against the driver "CAP" & the man holding the policy, "CB". I found... Read more »

Amanda Bowden Houser
Amanda Bowden Houser answered on Nov 6, 2018

What can you do? Really? You need an attorney and you likely have the type of case that personal injury attorney's would likely take on a contingent basis. So go shop around and hire an attorney before this gets mucked up any more than it may already be.

1 Answer | Asked in DUI / DWI for North Carolina on
Q: I'm going to see a psychiatrist for alcohol and anger management. Can I use this to help with 2nd DUI. In Forsythe NC
Amanda Bowden Houser
Amanda Bowden Houser answered on Nov 1, 2018

Depends. If doing what you suggest is an idea you cooked up yourself - then, maybe, maybe not. You need to get an alcohol assessment from an approved assessor - hopefully your psychiatrist qualifies and follow the recommendations of the assessment. If you do that then it should be considered a... Read more »

2 Answers | Asked in DUI / DWI for North Carolina on
Q: Is there any kind of break for someone if they get a DUI, but they need to drive to make any kind of income?
Amanda Bowden Houser
Amanda Bowden Houser answered on Oct 31, 2018

Yes, it is called a limited driving privilege. However, you need to meet certain requirements to be eligible for it.

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2 Answers | Asked in DUI / DWI for North Carolina on
Q: RECEIVED dui 2 IN 2011 WAS IN MILITARY, GOT RESTATIONED , WHAT IS STATUE OF LIMITATIONS ON THIS FOR NC?
Amanda Bowden Houser
Amanda Bowden Houser answered on Oct 11, 2018

If by 'received' you mean you were charged, then there is no statute of limitations. If you have not or do not take care of the charge eventually you are likely to be arrested - and usually at the worst possible time.

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