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North Carolina DUI / DWI Questions & Answers
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... Read 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
Anthony M. Avery 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: 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
Amanda Bowden Johnson 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... Read 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
Amanda Bowden Johnson 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.... Read more »

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
Amanda Bowden Johnson 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... Read 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
Amanda Bowden Johnson 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... Read 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... Read more »

Amanda Bowden Johnson
Amanda Bowden Johnson 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... Read more »

Amanda Bowden Johnson
Amanda Bowden Johnson 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... Read 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... Read 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...
Read more »

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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
Amanda Bowden Johnson 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... Read 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
Amanda Bowden Johnson 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: It's been almost 7 years since I received a DUI what do I have to do to get my license back?
Kristen Dewar
Kristen Dewar answered on Aug 28, 2020

I recommend ordering a copy of your NC driving record, and setting up a consult with an experienced DWI attorney to review the record and see if you've complied with all of the requirements of your DWI conviction. Typically, to get reinstated after a DWI conviction, you must (1) obtain a DWI... Read more »

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... Read 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... Read more »

1 Answer | Asked in DUI / DWI and Elder Law for North Carolina on
Q: I'm 55 years old I was just indicted on habitual dwi spanning out since 1990. Am I going to prison?

Can I avoid prison at age 55? Can they go back to 1990 30 years ago and charge me with habitual today?

Amanda Bowden Johnson
Amanda Bowden Johnson answered on Aug 2, 2020

No, you can not avoid prison because of your age. You typically avoid prison by either not being convicted of something that requires prison time or convincing a Judge to be lenient when prision time is optional. As to how far they can go back, it depends on what you mean. If you mean can they... Read more »

1 Answer | Asked in DUI / DWI for North Carolina on
Q: Can i be convicted of a DUI for my own medication that states on the bottle to use care while operating a vessel in NC?
Amanda Bowden Johnson
Amanda Bowden Johnson answered on Jul 28, 2020

In NC it is DWI and the short answer is - yes. It doesn't really much matter what the impairing substance is. If the substance either appreciably impaired your ability to operate a vehicle or vessel or caused you to blow .08 or higher on a breath test after operating a vehicle or vessel, you... Read more »

1 Answer | Asked in DUI / DWI for North Carolina on
Q: I recently found out that my 21 year old son got a DWI as well as some other misdemeanor charges in NC. Pro bono help??
Amanda Bowden Johnson
Amanda Bowden Johnson answered on May 22, 2020

A DWI case is often extremely complex and a lot of work for the attorney (if they do their job properly). This is often true even if your son intends to enter into some sort of plea. So you will be hard pressed to find an attorney willing to take on a DWI case pro bono. However, that said it... Read more »

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 Johnson
Amanda Bowden Johnson 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... 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 Johnson
Amanda Bowden Johnson 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 Johnson
Amanda Bowden Johnson 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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