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North Carolina DUI / DWI Questions & Answers
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 Houser
Amanda Bowden Houser 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 Houser
Amanda Bowden Houser 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 Houser
Amanda Bowden Houser 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 Houser
Amanda Bowden Houser 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 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... 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... 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... 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... 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... 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... 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.

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