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North Carolina DUI / DWI Questions & Answers
1 Answer | Asked in DUI / DWI for North Carolina on
Q: I received a drinking citation ($35 fine/$180 court costs.(G.S.18B-300b) I am over 21. Pros/Cons of waiving my trial?
Amanda Bowden Johnson
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answered on Mar 6, 2018

None if you are representing yourself. Your best bet is to bite the bullet and shop around for the least expensive attorney you can find.

1 Answer | Asked in DUI / DWI for North Carolina on
Q: 4th dui in 1996. Would I be permitted to have my license reinstated after 22 years.

I quit drinking over 20 years ago and my father needs my help in his older years As a caretaker.

Amanda Bowden Johnson
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answered on Mar 3, 2018

Talk to a local traffic / DWI attorney. You likely can petition to be reinstated.

1 Answer | Asked in DUI / DWI for North Carolina on
Q: What is the time frame for Habitual DWI? ie. Is it 3 DWI's in 7 years or 10 years?
Kristen Dewar
Kristen Dewar
answered on Feb 28, 2018

As per N.C. General Statutes §20-138.5, the time frame is 3 or more prior DWIs within 10 years of the date of a new DWI charge.

2 Answers | Asked in DUI / DWI for North Carolina on
Q: Company car was seized for DUI how can he get it back
Bill Powers
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Bill Powers
answered on Feb 25, 2018

There is a way for certain “innocent” owners to petition the Court for return of the vehicle. We often times see an attorney for the Lienholder come into court in Charlotte, with supporting documentation, and get the car or whatever released.

BUT if the inquiry involves the PERSON...
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1 Answer | Asked in DUI / DWI for North Carolina on
Q: I have not had a license since 2010. Who would I contact to find the steps to take to get my license reinstated

I had multiple DWI infractions

Amanda Bowden Johnson
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answered on Feb 20, 2018

DWI's are not infractions. Get enough of them or under certain circumstances and they can be felonies. Your best bet is to consult with a local traffic attorney who can review your prior record and provide you with your options for getting reinstated. Best of luck!

1 Answer | Asked in DUI / DWI for North Carolina on
Q: I'm involved in DUI, wrecked and flipped my car, I was the only one who crashed. While waiting for help a deputy pulled;

Me out of my car without my permission and lead me towards the road, the ambulance showed up and I was getting rushed to hospital. My nose broke, difficulty breathing and my chest and head was hurting, I needed medical treatment and the state trooper pulled over the ambulance for me to give... View More

Amanda Bowden Johnson
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answered on Feb 12, 2018

The short answer is yes.

1 Answer | Asked in DUI / DWI for North Carolina on
Q: I was issued a DUI back in th early to mid 90's I never went to court got a failure to appear I would like to clear

It was in North Carolina I think it was in wanchese how I live in Delaware not sure how to proceed any advice ?

Amanda Bowden Johnson
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answered on Jan 26, 2018

In NC it is DWI. In addition to the FTA there is also likely an out standing order for arrest. Your best bet is to find out what county you received the charge in and contact a local DWI attorney. Best of luck.

1 Answer | Asked in DUI / DWI for North Carolina on
Q: I was walking and had my keys hooked on my purse. I was interrogated and tested for dwi on heresay. Is this legal?

On Sunday, I walked into a North Carolina police station to pick up my husband who was pulled over for no insurance but ended up receiving a DWI (breath test = .09) because they smelled liquor during the stop. Of course, I went to rescue him at the police department. My car was parked and I... View More

Amanda Bowden Johnson
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answered on Jan 25, 2018

Was it legal? Yes, cops can ask you questions anytime whether they were tipped off or not. You however, do not have to answer them and you and your husband definitely should not have answered any questions. As to hearsay - what your husband did in talking to the officers at all let alone telling... View More

1 Answer | Asked in DUI / DWI for North Carolina on
Q: I was given a chemical analysis to determine alcohol or substance but they failed to get my signature, no refusal to it.

Can this help my case any if I did not refuse the signature?

Bill Powers
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Bill Powers
answered on Jan 22, 2018

Interesting question, which, if I understand it, is: Are you required to sign the 20-16.2 rights form?

The answer is: Not necessarily.

The legal issue(s) probably would boil down to whether the rights were actually read and whether a copy of the same provided to the accused....
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1 Answer | Asked in DUI / DWI for North Carolina on
Q: It's been 3 yrs since I received my first DUI. I haven't been charged in court yet. Loosing my license for a year,

Would the judge just give me time served since it's been 3 yrs

Kristen Dewar
Kristen Dewar
answered on Jan 17, 2018

You've had a pending DWI for 3 years? Sounds like you should be speaking with an attorney regarding your case - you have what we call a Turner issue. There is some current litigation concerning the statute of limitations that the State has to prosecute people charged with misdemeanors, like... View More

1 Answer | Asked in Criminal Law and DUI / DWI for North Carolina on
Q: My DWI was dismissed and I want to get my arrest expunged. I don't know which form to use. All seem to be for conviction

My DWI was dismissed late last year. I was told I could get my arrest expunged and removed from my record. The Clerk of Court was not allowed to give me legal advice, but they gave me a list of forms for expunction. I cannot seem to find the right form to use. I thought it would be PETITION AND... View More

Kristen Dewar
Kristen Dewar
answered on Jan 17, 2018

Wow, it's rare that a DWI is dismissed. I hope you bought a Powerball ticket. You are looking for Petition and Order of Expunction Under G.S. 15A-146.

1 Answer | Asked in DUI / DWI for North Carolina on
Q: Gas station clerk told a cop inside eating that she thought she smelled alcohol on my breath.

The cop then waited till after I got in my car and then waited till I put my key in the ignition to come out to my car. He then told me to exit the vehicle and provide roadsides without any further questioning. Did he even have legal probable cause to approach me. If so on what grounds

Amanda Bowden Johnson
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answered on Jan 8, 2018

Yes.

1 Answer | Asked in DUI / DWI for North Carolina on
Q: Moving out of state before dui court can a lawyer appear on my behalf
Amanda Bowden Johnson
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answered on Jan 6, 2018

Depends on the Judge and local policy. DWI is technically an offense where your appearance is mandatory but some Districts and Judges will allow your attorney to appear for you. If you all ready have an attorney ask them.

1 Answer | Asked in DUI / DWI and Traffic Tickets for North Carolina on
Q: Had a ticket10 years ago got sick never renewed them is that ticket still on my record if I'm in a different state
Kristen Dewar
Kristen Dewar
answered on Jan 4, 2018

This question is a bit confusing, would definitely need more information or for the question to be clarified to give you a real answer. And if the ticket is from a different state, you should probably forward this question to the Justia board for that state.

1 Answer | Asked in DUI / DWI for North Carolina on
Q: What happens to a person who gets a dui but they're here on a student visa?
Amanda Bowden Johnson
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answered on Dec 29, 2017

In NC it is a DWI and what will likely happen are the same things that could happen to anyone charged with DWI. The only additional effect being on a student visa would have is possible revocation of the visa and / or deportation.. This person needs an attorney ASAP.

1 Answer | Asked in Criminal Law and DUI / DWI for North Carolina on
Q: I am on unsupervised probation will I be drug tested at my community service intake?
Kristen Dewar
Kristen Dewar
answered on Dec 8, 2017

People on unsupervised probation are not usually subjected to drug tests, but it can happen.

1 Answer | Asked in DUI / DWI for North Carolina on
Q: Can I get a DUI for taking too much allergy medication?
Kristen Dewar
Kristen Dewar
answered on Dec 5, 2017

Yup, if the State can prove that the allergy medication impaired your faculties while you were operating a motor vehicle, you can be charged with DWI. DWI is not just for alcohol.

1 Answer | Asked in DUI / DWI for North Carolina on
Q: Can you get arrested for carrying an open bottle of beer on a public street in North Carolina?
Kristen Dewar
Kristen Dewar
answered on Dec 5, 2017

Yes. It's covered under N.C. General Statutes Chapter 18B; it also can be covered under your city/town ordinances.

1 Answer | Asked in DUI / DWI for North Carolina on
Q: Back in 2003 , I got two back to back dwi 's, within a month or so apart. Hired a good lawyer, I thought, who somehow

Flipped my paperwork around so come to find out dmv has me for 2 failure to appear with alcohol classes but " no dwi" convection but yet the court says I need classes.I'm clueless on what to do. Its been over 10 years and no more convections of any kind. Dmv says I gotta go by what... View More

Kristen Dewar
Kristen Dewar
answered on Dec 5, 2017

Sounds like you need to contact a DMV-approved provider and get two new DWI assessments, and follow through on recommended treatment. If you had 2 DWIs, you'll need to complete 2 assessments but you can complete 1 set of classes (2 birds, 1 stone). After you get the classes done, they'll... View More

1 Answer | Asked in Civil Litigation and DUI / DWI for North Carolina on
Q: I had my NC drivers license reinstated in a hearing 2 weeks ago--I am required to have an interlock device--

I have had a throat injury and surgeries that prevent me from doing the blow and hum necessary to activate the interlock--I can do the breath sample but can not hum--does the state have to provide me with an alternate method--does the state have to deactivate the hum feature--I was declared... View More

Kristen Dewar
Kristen Dewar
answered on Dec 5, 2017

Contact DMV and ask.

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