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North Carolina DUI / DWI Questions & Answers
1 Answer | Asked in DUI / DWI for North Carolina on
Q: I WAS PULLED OVER FOR A DUI, GOT A LAWYER TO GET IT DROPPED DOWN TO IMPROPER EQUIP DOES IT STILL SHOW UP AS A DUI
Kristen Dewar
Kristen Dewar
answered on Dec 5, 2017

You got your DWI dropped down to Improper Equipment?!

If this is indeed the case, this is a new one...as a general rule, reductions are what show up on your driving record and public/criminal record.

I would also suggest going to buy a Powerball ticket, because if you really did...
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1 Answer | Asked in DUI / DWI and Immigration Law for North Carolina on
Q: my boyfriend in ice hold will he still be able to post bail ? Im a U.S. citizen what if we get married

We have kids together could that stop the deportation

Kristen Dewar
Kristen Dewar
answered on Dec 5, 2017

Getting married will not stop the ICE hold and deportation proceedings.

1 Answer | Asked in DUI / DWI for North Carolina on
Q: I WAS PULLED OVER FOR A DUI, GOT A LAWYER TO GET IT DROPPED DOWN TO IMPROPER EQUIP DOES IT STILL SHOW UP AS A DUI

I AM TRYING TO GET MY LICENSE BACK AND THEY ARE TELLING ME I HAVE TO PUT A MACHINE ON MY CAR I DONT UNDERSTAND WHY

Amanda Bowden Johnson
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answered on Nov 29, 2017

In NC it is DWI. DWI's do not normally get "dropped down to Improper Equipment". If you are being told you need a machine on your car it is likely because you have been convicted of DWI and need to be in compliance with the Courts order. You should consider contacting your... View More

1 Answer | Asked in DUI / DWI for North Carolina on
Q: I got a DWI in January 2010 in NC, does the BAC limit go back up to .08 or will it always be .04 for me?
Kristen Dewar
Kristen Dewar
answered on Nov 22, 2017

Do you have more than one prior DWI?

1 Answer | Asked in DUI / DWI for North Carolina on
Q: My dwi case was dismissed by a judge on September 11th 2017. online court calendar says I have a court date next month.

Is the online calendar wrong do they take their time updating it. I haven't heard anything from my lawyer.

Kristen Dewar
Kristen Dewar
answered on Nov 22, 2017

Contact your attorney.

1 Answer | Asked in DUI / DWI for North Carolina on
Q: Had 2 dui's in 2007 and 2006. I did everything I needed to do and no charges since. I have not had a licence since.

What do i have to do at this point to get my licence back. I living in nc.

Kristen Dewar
Kristen Dewar
answered on Nov 22, 2017

If you've completed ALL of the obligations you were sentenced to in both 2006 and 2007 (meaning: you obtained a DWI assessment for BOTH cases, completed ALL recommended treatment, completed all ordered community service, paid ALL ordered fines and court costs), you will have to pay NC DMV a... View More

2 Answers | Asked in DUI / DWI for North Carolina on
Q: 20yearold DWI, .08, never pled guilty. never been in trouble with the law. whats the first step? I need my license
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answered on Nov 15, 2017

Basically you should not have even been drinking. You need an experienced DWI attorney - there's really no way around it. Best of luck.

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1 Answer | Asked in DUI / DWI for North Carolina on
Q: Can you get a dui if you were not caught red handed driving the vehicle
Amanda Bowden Johnson
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answered on Nov 5, 2017

In NC it is DWI and yes, you can be charged with DWI without being caught behind the wheel. The classic scenario is a wreck where the driver has left the scene..

1 Answer | Asked in DUI / DWI for North Carolina on
Q: What is going to happen and what do I have to do if I got my first DWI with 0.8 breath test.
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answered on Oct 6, 2017

You need to hire an experienced DWI attorney .08 is within the range that trial may be a possibility.

1 Answer | Asked in DUI / DWI for North Carolina on
Q: Is there a time limit in North Carolina that a police must file a DUI charge within? It's been a month since I got

pulled over and I haven't heard anything.

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answered on Oct 3, 2017

You would have 'heard' something when you got pulled over - there is no way you were charged with DWI and don't know it.

1 Answer | Asked in DUI / DWI for North Carolina on
Q: Do I have to do all 20 hours of dwi classes what's the minimum I've already done community service

North Carolina

Amanda Bowden Johnson
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answered on Oct 3, 2017

You would have been ordered to do certain things - you have to do those things or you will likely not like the outcome. So if 20 hours of DWI classes were ordered, you have to do them.

1 Answer | Asked in DUI / DWI for North Carolina on
Q: How likely is the state to appeal a dismissal of a dwi. If was my first one and never been in trouble before

Judge dismissed my dwi charge because officer didn't follow a written department policy

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answered on Sep 14, 2017

Highly unlikely.

1 Answer | Asked in DUI / DWI for North Carolina on
Q: I received my first DUI last night. They had highway 421 blocked to do a road check, is that legal to block a major

Highway? What are some possible errors that the arresting officer could have done?

Amanda Bowden Johnson
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answered on Aug 26, 2017

In NC its DWI. Yes, perfectly legal to set up a road block if the proper procedures are followed. Cops sometimes refer to it as 'using a net instead of a pole' (some sort of lame fishing analogy I suppose). At a major road block, there is often a swarm of law enforcement (usually state... View More

1 Answer | Asked in DUI / DWI for North Carolina on
Q: Can someone have two DWIs in the past have a passport?

I have two DWIs aged at least 10years can I get a passport???

William C. Head
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answered on Aug 21, 2017

Not aware of any bar to you getting a passport. However, some countries, like Canada, will deny you entry to their countries.

A passport is only proof of citizenship, needed to travel abroad.

1 Answer | Asked in Traffic Tickets and DUI / DWI for North Carolina on
Q: Hiring a lawyer to gain possession of my license should not be on me as it was taken illegally, any case here?
Amanda Bowden Johnson
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answered on Aug 8, 2017

You really are from Pennsylvania! Welcome to how we do things down south.

1 Answer | Asked in Criminal Law, DUI / DWI, Traffic Tickets and Civil Rights for North Carolina on
Q: How is it that after 1 hour and 19 minutes my BAC did not change? Should I get a liver enzyme blood test?

The body metabolizes alcohol at the rate of about 0.005 per twenty minutes. A different reading from the field test to the facility test should be shown. I am a healthy male 131 lb. and waited and hour before driving. If the equipment gave a false reading and scientifical the level should have... View More

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answered on Aug 8, 2017

Every body metabolizes alcohol differently based on a plethora of factors. The field or portable breath test is highly unreliable. Even the machine used at the station has a .02 +/- variance. But even if you were given the benefit of a .02 variance in your favor, you are still a full point above... View More

2 Answers | Asked in DUI / DWI for North Carolina on
Q: Can I refuse to answer any of a policeman's questions until my lawyer shows up?
Amanda Bowden Johnson
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answered on Aug 8, 2017

Not only can you refuse but you have a constitutional right to refuse. Once you get out of grade school officer friendly ain't your buddy no more - don't tell them squat - ever!

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2 Answers | Asked in Criminal Law, DUI / DWI and Traffic Tickets for North Carolina on
Q: Should I transfer my driver's license to NC before court? What level will I be charged with?

I was arrested for DWI on Friday in NC. I am in the process of moving to NC but was holding a PA license. The NC Trooper took possession of my PA license. This will be my fourth DUI charge since 1999 (2 in MD (1999 and 2002), 1 in PA (2009), and now 1 in NC. (2017)) I am not on papers at the... View More

William C. Head
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answered on Aug 8, 2017

With your record, talk to a PA attorney and a NC attorney.

Call Bill Powers at 980-622-3600 for NC

Call Justin McShane for PA or any attorney at his office, 717-657-3900

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2 Answers | Asked in DUI / DWI for North Carolina on
Q: If you are sentenced to 30 days in county for a dWI, will you serve the entire time? Is there a chance of early release?

It is a A1 misdemeanor

William C. Head
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answered on Aug 8, 2017

Call Bill Powers. 980-622-3600. He is a NC DWI specialist.

Some jurisdictions have jail overcrowding, that may benefit you.

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2 Answers | Asked in Legal Malpractice, Car Accidents, DUI / DWI and Juvenile Law for North Carolina on
Q: My 20 year old son was knowingly allowed to enter a bar being marked as over 21 the legal drinking age. After he left

The bar he was involved in head on collision and was arrested for DWI I'm curious can any charges be made against the bar since his friend let him in. His friend is an employee of the establishment so he is their responsibility

William C. Head
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answered on Aug 6, 2017

Others injured or killed have the best claims. Your son willingly participated.

To get additional information, look at Super Lawyers, for NC personal injury attorneys in your town or the closest big city. Ask for guidance.

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