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North Carolina DUI / DWI Questions & Answers

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 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 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 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 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 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 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 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 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 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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2 Answers | Asked in DUI / DWI for North Carolina on

Q: If I get charged with a DUI, will my license be suspended immediately or only after a conviction?

Amanda Bowden Houser answered on Oct 6, 2018

In North Carolina it is DWI. Your license to drive or at least your privilege to drive in North Carolina (if you are licensed out of state) will be suspended at the time you are charged - generally speaking for 30 days. This is called a civil revocation. If you are processed properly, you will... Read more »

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2 Answers | Asked in DUI / DWI for North Carolina on

Q: Is there a statute of limitations on dwi in NC?

It has been more than two years since I was charged

Amanda Bowden Houser answered on Sep 10, 2018

Statutes of limitations typically apply to you being charged. Since you have already been charged, you likely need to consult with an attorney in the area you were charged in.

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2 Answers | Asked in DUI / DWI for North Carolina on

Q: can I contact the court

In 2001 I received a DWI while driving through Pasquotank county, NC. I hired a lawyer at the time to represent me because I was overseas still have a copy of the power of attorney, I never heard anything and assumes case was handled. I recently retired and live in Texas and found out the case was... Read more »

Amanda Bowden Houser answered on Aug 24, 2018

if the case was never handled you likely have an outstanding Order for Arrest. Obviously your first step in resolving this is calling your former attorney and finding out whats what. If that fails you are going to have to retain new counsel.

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2 Answers | Asked in DUI / DWI for North Carolina on

Q: MIC laws in North Carolina

My friend and me were at a concert and were given a MIC. Two of us were NOT asked to blow. Two of my others were told to blow, and they did. We were not explained ANYTHING and we are not from North Carolina we don’t know how anything works in NC. We are from SC. AND I’am a half of week from... Read more »

Amanda Bowden Houser answered on Aug 18, 2018

What part of if you are under 21 you can't drink alcohol needs to be explained to you? Hire an attorney.

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1 Answer | Asked in DUI / DWI for North Carolina on

Q: I got a DUI this week in North Carolina. Are 2 previous DUIs 26 and 31 years ago going to be held against me?

Bill Powers answered on Jul 21, 2018

GREAT QUESTION

Prior convictions of Driving While Impaired (DWI) or what would otherwise be deemed a prior conviction under the NC DWI laws MAY be considered by the Court in sentencing. Convictions entered more than seven (7) years from the current offense date may be deemed Aggravating...
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1 Answer | Asked in DUI / DWI for North Carolina on

Q: Do you have to go to residential rehab for a DUI?

Bill Powers answered on Jul 17, 2018

GREAT QUESTION

Residential rehabilitation may or may not be required as part of a DWI judgment in North Carolina. It can be recommended by an Assessing Agency and thereafter made part of the Court Order.

It MAY also be a way to avoid some, if not all, active jail time for Driving...
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2 Answers | Asked in DUI / DWI for North Carolina on

Q: How does a first DUI affect auto insurance?

Amanda Bowden Houser answered on Jul 9, 2018

In North Carolina, it is a DWI and generally will not affect your insurance at all unless you are convicted. If convicted, your insurance will skyrocket in price possibly to the point of simply being unaffordable for some people. If so, one option is to purchase a used beater type car outright so... Read more »

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1 Answer | Asked in DUI / DWI for North Carolina on

Q: Can I fight a case in court for reasonable suspicion? (changing lanes without a turning signal in NC (3-4 car lengths))

Officer said I was swerving a little bit, but I simply switching lanes without a turning signal. The law says I can do that if I’m 3 to 4 car lengths from other drivers. Plus, I got a DWI based off of odor of alcohol coming from my car and one breath test.

Amanda Bowden Houser answered on Jun 25, 2018

The law does not say anything about being any amount of car lengths away - you are not required to signal a lane change, period. It is nice if you do so and courteous - but it is not required that you signal a lane change. However, if the officer stopped you for what they interpreted as... Read more »

1 Answer | Asked in DUI / DWI for North Carolina on

Q: I had a dwi in 2009, was told to this date I still have to install an interlock. Is there a loophole, no other charges.

Bill Powers answered on Jun 14, 2018

GREAT QUESTION!

If that's part of a "conditional restoration," DMV isn't going to budge on that. There is no loophole.

See: https://www.ncleg.net/gascripts/statutes/statutelookup.pl?statute=20-19

(e1) Notwithstanding subsection (e) of this section, the Division may...
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1 Answer | Asked in DUI / DWI for North Carolina on

Q: What are the consequences of refusing a breath test?

Bill Powers answered on Jun 14, 2018

GREAT QUESTION. The long-term consequences for a "Willful Refusal" can be substantial under the NC DWI laws.

Refusing breath or blood tests as part of a DWI investigation may result in the loss or suspension of your license, without any form of "hardship" or "limited driving privilege"...
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1 Answer | Asked in DUI / DWI for North Carolina on

Q: Is having a prescription a defense for a medication related DUI?

Amanda Bowden Houser answered on May 25, 2018

In North Carolina it is DWI and no, having a prescription is not a defense to driving while impaired. Not being impaired or not driving are the only defenses.

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