Get free answers to your DUI / DWI legal questions from lawyers in your area.
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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.
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"... View More 
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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.
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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... View More
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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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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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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... View More
It has been more than two years since I was charged
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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.
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... View More
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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.
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... View More
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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.
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... View More
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... View More
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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... View More
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.
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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... View More
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... View More
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... View More
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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.
I got the least amount of punishment possible. I had a level 5 dwi (No aggravators), and it was only a misdemeanor. I got pulled over for speeding, but I did not crash or injure anyone or cause any damage. I was unfortunately under 21 at the time so any alcohol in my system would get me in trouble.... View More
answered on May 24, 2018
As of July 2015, unfortunately DWI convictions can no longer be expunged.
How do I clear this up?
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answered on May 3, 2018
Go turn yourself in, be arrested and go thru the court process or hire an attorney in the county where the DWI allegedly took place. Unless you are indigent, the latter is the better option.
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answered on Apr 21, 2018
First get the terminology straight - in NC its DWI and what county you are in is pretty much irrelevant. Court cost are $188 through out the state. The fine will vary (often dramatically) by Judge and depending on the circumstances of the case. In terms of expenses, the big one - your attorney,... View More
I take a marcotic pain med ,will they let me graduate the class.It is prescribed by a Dr.
answered on Apr 6, 2018
If you want your NC driving privileges reinstated, you will need to obtain a substance abuse assessment from an authorized provider and you will need to complete all recommended treatment (AKA the classes). The passage of 17 years has not changed that.
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