Category: DWI

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Should I Hire a Public Defender or a Private Attorney for a Beaufort DWI?

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Being arrested for a DWI in Beaufort, NC, can be an intimidating experience. One of the most critical decisions you’ll face is whether to hire a public defender or a private attorney to represent you. Understanding the differences between these two options and how they might impact your case is essential to making an informed choice. Here’s what you need to know.

The Role of a Public Defender

Public defenders are attorneys the court provides for defendants who cannot afford private counsel. They are typically experienced in criminal law and handle a variety of cases, including DWIs. If you qualify for a public defender, you won’t have to pay for their services, which can be helpful if you’re concerned about legal expenses.

While public defenders are knowledgeable, they often carry a heavy caseload. This can limit the time and attention they can devote to each case. For someone facing a DWI charge, this could mean fewer opportunities for in-depth case analysis or strategy development. Public defenders might not have the flexibility to explore alternative defense tactics, such as questioning the validity of the traffic stop or the accuracy of your blood alcohol concentration (BAC) test results.

The Advantages of a Private Attorney

Hiring a private attorney for your Beaufort DWI case can provide several benefits, particularly when it comes to personalized attention. Private attorneys often have more manageable caseloads, allowing them to dedicate the time needed to develop a comprehensive defense strategy tailored to your situation. They can thoroughly investigate the circumstances of your arrest, gather evidence, and challenge the prosecution’s case.

A private attorney specializing in DWI cases brings specific expertise to your defense. They are familiar with the local courts, judges, and prosecutors, which can be advantageous when negotiating plea bargains or seeking reduced penalties. A private attorney’s familiarity with DWI laws in North Carolina also means they are better equipped to navigate complex legal issues, such as identifying mitigating factors that could lower your charges or penalties.

Key Differences to Consider

When deciding between a public defender and a private attorney for your DWI case, it’s crucial to weigh a few key factors:

  • Cost–Public defenders are free for those who qualify based on income level. If you can afford it, however, investing in a private attorney may be worthwhile for the added attention and expertise they bring to your case.
  • Availability–Public defenders often juggle multiple cases simultaneously, which may limit their availability for consultations and case preparation. Private attorneys typically manage smaller caseloads, offering more opportunities for one-on-one communication and dedicated defense work.
  • Experience–While public defenders are skilled in criminal law, they may not have the same experience in DWI cases as a private attorney, who may be more adept at exploring all legal options and strategies that could work in your favor.

Potential Outcomes with a Public Defender vs. a Private Attorney

The outcome of your DWI case can depend significantly on the quality of your representation. Here’s how each option might affect your case:

  • Public defender–Public defenders provide competent defense services, especially for straightforward cases or when the evidence is overwhelmingly against you. However, their limited time and resources might mean they cannot pursue every possible defense angle. If you have aggravating factors in your case—such as a BAC significantly over the legal limit or prior DWI convictions—you may need a more focused defense, which a public defender may struggle to provide, given their caseload.
  • Private attorney–With a private attorney, you’re likely to receive a more personalized approach. They can take the time to investigate your arrest thoroughly, question the validity of tests, and build a defense that challenges the prosecution’s evidence. They may also be better positioned to negotiate a favorable plea bargain or represent you in trial if necessary. Additionally, they can work to restore your limited driving privileges and help manage the implications of your arrest on your record.

Choosing the Right Option for You

Choosing between hiring a public defender or a private attorney for your Beaufort DWI depends on your unique circumstances. If you cannot afford legal representation, a public defender is a viable option for competent legal defense. However, hiring a private DWI defense attorney may result in a more favorable outcome.

If you’ve been arrested for a DWI in Beaufort,  Hancock Law Firm is here to help. We offer personalized, dedicated representation and a track record of success. Contact us today for a free consultation.

Court of Justice Trial: Impartial Judge is Sitting, Public Stands. Supreme Federal Court Judge Starts Civil Case Hearing. Sentencing Law Offender.

What to Know About a First Court Date After a DWI Arrest in Beaufort in 2024

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Being arrested for a DWI in Beaufort can be an overwhelming experience. Knowing what to expect on your first court date can help ease some of the anxiety and prepare you for the legal process. In North Carolina, DWI offenses are taken seriously, and the legal proceedings following an arrest can significantly impact your future. Here’s what you need to know if you’re facing a DWI charge in Beaufort.

Setting Your Court Date

After your DWI arrest, the officer will issue you a court date, usually within a few weeks. It is essential to attend this hearing. Failure to appear can result in a bench warrant for your arrest and further complications, such as additional fines or penalties.

On your court date, be sure to arrive early, dressed professionally, and prepared to present your case with your attorney. This is your chance to make a good impression and will set the tone for the remainder of the proceedings.

What to Expect at Your First Court Appearance

Your first court appearance after a DWI arrest is known as an arraignment. At this hearing, the judge will:

  • Formally read the charges against you.
  • Ask if you have legal representation. If you do not, the court may appoint a public defender, but it’s advisable to have a private attorney who specializes in DWI cases.
  • Ask how you wish to plead–guilty, not guilty, or no contest.

If you plead guilty, the case may move directly to sentencing. However, most individuals plead not guilty at this stage, giving your attorney time to gather evidence and build your defense.

Potential Penalties for a First-Time DWI Offense

In North Carolina, DWI charges are categorized into five levels, with Level V being the least severe and Level I being the most. For a first-time offender without aggravating factors, you will likely be charged with a Level V or Level IV DWI. The penalties for these levels are:

  • Level V– A fine of up to $200 and 24 hours to 60 days in jail. The judge may suspend your sentence in exchange for community service or a temporary driving suspension.
  • Level IV–A fine of up to $500 and 48 hours to 120 days in jail, with possible suspension if certain conditions, like community service, are met​.

Key Aspects of DWI Sentencing in North Carolina

If your case goes to trial and you are convicted of DWI, North Carolina uses aggravating and mitigating factors to determine the severity of your punishment. Aggravating factors, such as a blood alcohol concentration (BAC) of 0.15 or higher, prior DWI convictions, or reckless driving, can increase your penalties.

Conversely, mitigating factors, such as a BAC slightly over 0.08 or a clean driving record, can reduce the severity of your sentence. Your attorney will work to present the most favorable evidence to reduce your penalties​.

How a DWI Attorney Can Help Your Case

Having an experienced DWI attorney can make a significant difference in the outcome of your case. Your attorney can:

  • Negotiate plea bargains: They may be able to reduce your charges or secure less severe penalties.
  • Challenge evidence: This can include questioning the accuracy of BAC test results or the legality of the traffic stop.
  • Help restore limited driving privileges: In some cases, after a 30-day license suspension, your attorney can help you regain the ability to drive to work or school​.

Be sure to work with an experienced attorney who understands DWI laws and can advocate for the best possible outcome for your case. If you have been arrested for a DWI in Beaufort, turn to Hancock Law Firm to protect your rights today!

Posted in DWI
Drink and drive, alcoholism with car keys concept

North Carolina’s 6 Sentencing Levels for DWIs

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Driving while impaired (DWI) is a serious offense in North Carolina, carrying significant legal consequences. The state takes DWI charges seriously, and the penalties are severe, ranging from heavy fines and mandatory substance abuse treatment to substantial jail time. Navigating these charges requires a seasoned DWI attorney who can effectively argue for a fair sentence and help minimize the impact on your life.

DWI Sentencing Factors

North Carolina’s DWI sentencing is structured into six levels, from the most severe Aggravated Level One to the least severe Level Five. Each level comes with its penalties, which are determined based on aggravating or mitigating factors in your case. 

Aggravated Level One

Aggravated Level One is the most severe sentencing level for a DWI conviction in North Carolina. This level is reserved for cases with significant aggravating factors, elevating the offense’s seriousness. These factors include:

  • Having a prior DWI conviction within the past seven years
  • Driving with a revoked license due to a previous DWI
  • Causing serious injury to another person while driving impaired
  • Having a child under the age of 18 in the vehicle at the time of the offense

Penalties at this level can include up to three years in jail, hefty fines, and mandatory substance abuse treatment. Given the severity of Aggravated Level One, it’s essential to have a knowledgeable DWI attorney who can effectively advocate for your rights and work to mitigate these harsh penalties.

Level One

Level One sentencing for a DWI in North Carolina is also severe, though slightly less so than Aggravated Level One. This level is typically applied when there are serious aggravating factors but not as many or as extreme as those required for Aggravated Level One.

Key factors that might lead to a Level One sentence include:

  • Two or more grossly aggravating factors, such as prior DWI convictions or driving with a revoked license.
  • Having a passenger under 18 years old in the vehicle at the time of the offense.

Penalties for Level One can include up to two years in jail, significant fines, and mandatory alcohol or drug treatment programs.

Level Two

Level Two sentencing for a DWI in North Carolina is used when aggravating factors are present but do not meet the threshold for Level One. This level is often applied when there is a single grossly aggravating factor or multiple lesser aggravating factors.

Common scenarios that may result in a Level Two sentence include:

  • A prior DWI conviction within seven years.
  • Driving with a passenger under 18, but without other grossly aggravating factors.
  • Causing a minor injury to another person while driving impaired.

Penalties for Level Two can include up to one year in jail, substantial fines, and mandatory substance abuse assessments and treatment. 

Levels Three To Five

Levels Three, Four, and Five represent the less severe end of the DWI sentencing spectrum in North Carolina. These levels are typically applied when there are fewer or no aggravating factors and often involve first-time offenders or cases with mitigating factors.

Level Three

Level three sentencing is used when mitigating factors reduce the severity of the offense. A first-time DWI offense with no aggravating factors may result in a Level Three sentence. Penalties can include up to six months in jail, fines, and probation.

Level Four

Level Four is one step down from Level Three and is often applied in cases where mitigating factors significantly outweigh aggravating ones. Penalties for Level Four include up to 120 days in jail, fines, and probation.

Level Five

Level Five is the least severe sentencing level and is typically applied in cases with strong mitigating and no aggravating factors. Penalties can include up to 60 days in jail, fines, and probation.

Even at these lower levels, the consequences can be life-altering, making it essential to have a DWI attorney who can argue for the most favorable outcome.

Talk To An Experienced North Carolina DWI Attorney Today

North Carolina’s DWI sentencing laws are complicated and confusing. It takes a knowledgeable DWI attorney to identify mitigating factors, such as a clean driving record or voluntary participation in a treatment program, and help reduce your sentence.

Whether you’re facing an Aggravated Level One or a Level Five sentence, trust Hancock Law Firm to guide you through the legal system and minimize the long-term impact on your life. Call today for a consultation, and let us help protect your driving privileges.

Woman Arguing And Refusing Driver Alcohol Test Using Breathalyzer

Refusing a Breathalyzer: Your Rights and the Potential Consequences

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Encountering a sobriety checkpoint can be a tense experience, especially if you’re faced with the decision of whether to take a breathalyzer test. In North Carolina, understanding your rights and the potential consequences of refusing a breathalyzer is crucial. 

What is the Implied Consent Law?

North Carolina, like many states, operates under an implied consent law. This means that by obtaining a driver’s license and operating a vehicle on the state’s roads, you are deemed to have consented to chemical tests, including breathalyzer tests, if lawfully stopped under suspicion of impaired driving.

While implied consent exists, you do have the right to refuse a breathalyzer test in North Carolina. However, exercising this right comes with potential consequences that extend beyond the immediate situation.

Immediate Consequences of Refusal

Upon refusing a breathalyzer test, your driver’s license can be immediately revoked for a period of one year. This is an administrative penalty and is separate from any criminal charges related to impaired driving.

Refusing a breathalyzer can also impact any subsequent criminal case for impaired driving. Prosecutors may use your refusal as evidence of consciousness of guilt, and the absence of breathalyzer results may lead to other forms of evidence being given greater weight.

Refusal to take a breathalyzer test is admissible in court, and jurors may be instructed that they can draw certain inferences from this refusal. This can potentially sway the outcome of a trial for impaired driving.

In North Carolina, you do not have an absolute right to consult with an attorney before deciding whether to take a breathalyzer test. However, if you are taken into custody and are facing additional testing at a police station, you may have an opportunity to consult with an attorney at that point.

Consequences for Multiple Refusals

If you have previously refused a breathalyzer test within the past seven years, the penalties for subsequent refusals increase. A second refusal within this timeframe can result in a four-year license revocation.

While refusing a breathalyzer test can have consequences, it is not an automatic admission of guilt. Skilled legal representation can help challenge the admissibility of the refusal in court and build a defense tailored to the specific circumstances of your case.

If you find yourself in a situation where you’re contemplating refusing a breathalyzer test, seeking legal guidance is crucial. An experienced North Carolina attorney can assess the circumstances, explain your rights, and help you make informed decisions based on your unique situation.

Choosing whether to refuse a breathalyzer in North Carolina involves understanding the implications for your driving privileges and any potential criminal charges. While you have the right to refuse, the consequences are significant, and seeking legal advice can empower you to make informed choices in the best interest of your situation.

The Attorneys at Hancock Law Firm, PLLC Help Those in North Carolina Who Have Been Accused of Driving While Intoxicated

If you have been accused of driving while intoxicated, how you handle the situation can impact the outcome. Your best bet for handling it the right way is with the help of a knowledgeable and experienced North Carolina criminal defense attorney who understands what you are up against and will fight on your behalf. However, time is of the essence, which is why it’s best to contact a qualified attorney as soon as possible. 

At Hancock Law Firm, PLLC, we fully understand what is at stake and will do everything that we can to help you. To learn more or to schedule a free consultation, contact us today!

Posted in DWI
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DWI Offense Levels in North Carolina

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Drunk driving is never acceptable under any circumstances. In North Carolina, the categorization of offenses related to drunk driving differs based on various factors such as prior convictions and blood alcohol concentration (BAC) at the time. Here are the DWI offense levels in North Carolina. 

Driving While Impaired (DWI)

In North Carolina, a person can be charged with DWI if they are found to have operated a motor vehicle while under the influence of drugs or alcohol. The state has a legal blood alcohol concentration (BAC) limit of 0.08% for drivers aged 21 or older and 0.04% for commercial drivers. DWI in North Carolina is considered a misdemeanor offense. 

There are certain grossly aggravating factors, which could increase the severity of the crime. Such factors include:

  • Driving with a revoked/suspended license for an alcohol-related offense;
  • A prior DWI conviction within the past seven years;
  • Causing serious injury to another person while impaired;
  • Driving with someone under the age of 18;
  • Driving with someone with the mental development of someone under the age of 18; or
  • Driving with someone with a physical disability that prevents them from exiting the vehicle on their own.

Aggravated Level One DWI 

If someone is found with 3 or more of the above grossly aggravating factors, this can result in a charge of Aggravated Level One DWI, which is considered a felony in North Carolina and is the most severe DWI offense. Someone convicted of this crime faces 1-3 years of confinement and a fine of up to $10,000. The purpose of Aggravated Level One DWI was to target individuals who repeatedly drive while impaired. 

Level One DWI

As with Aggravated Level One DWI, Level One DWI is a felony offense. It occurs when two grossly aggravating factors (or one related to age or disability) apply to your case. It is punishable by a fine of up to $4,000 and 30 days to 24 months in jail. 

Level Two DWI

Level Two DWI is a misdemeanor offense that’s applicable when the defendant has one grossly aggravating factor (not related to age or disability) present. It is punishable by a fine of up to $2,000 and a jail sentence of one week to one year. 

If there are no grossly aggravating factors, the DWI would be considered level 3, 4, or 5. The judge or jury will weigh aggravating and mitigating factors.

Aggravating factors include things such as:

  • Gross impairment of defendant’s faculties while driving or a BAC of 0.15% or more;
  • Especially reckless or dangerous driving;
  • Negligent driving that led to a reportable accident;
  • Driving on a suspended or revoked license;
  • Two or more prior convictions of a traffic violation for which at least three points were assigned;
  • Speeding of at least 30 miles per hour over the speed limit;
  • Passing a stopped school bus;
  • And More!

Mitigating factors include things such as:

  • Slight impairment solely from alcohol and a BAC not exceeding 0.09%;
  • Safe and lawful driving at the time of the offense (but for the defendant’s faculties being impaired;
  • A safe driving record;
  • Impaired caused primarily by a lawfully prescribed drug for an existing medical condition, with the amount of the drug taken being within the prescribed dosage;
  • And more!

Level Three DWI

If the aggravating factors outweigh the mitigating factors, the DWI is considered a level three, which is a misdemeanor. Level Three DWI is punishable by up to $1,000 and 72 hours to 6 months in jail. 

Level Four DWI

If mitigating factors and aggravating factors balance each other out, it’s considered a level four DWI, which is a misdemeanor. Level Four DWI is punishable by a fine of up to $500 and 48 hours to 120 days in jail.

Level Five DWI

If there were no aggravating or mitigating factors, or if the mitigating factors outweigh aggravating factors, it’s considered a level five, which is a misdemeanor. A Level Five DWI is punishable by a fine of up to $200 and 24 hours to 60 days in jail. Level Five is the most common for first-time DWI offenders who had no aggravating factors. 

Driving After Consuming Under 21 

Since the legal age for consuming alcohol in North Carolina is 21, the state has a firm zero-tolerance policy for those under the age of 21 who drive after consuming any amount of alcohol and consider this offense a misdemeanor. 

While the aforementioned offenses provide a good guide for what to expect in North Carolina, the specific charges and penalties can vary for each case, depending on the specific facts, circumstances, and aggravating factors. If someone is convicted of a drunk driving offense, they may face a variety of penalties, such as fines, license suspension, mandatory alcohol education programs, probation, community service, and imprisonment. With so much at stake it’s important to speak with a qualified North Carolina DWI defense attorney. 

Hancock Law Firm, PLLC Helps Those in North Carolina Who Have Been Accused of DWI

If you have been arrested for DWI, you may have options. You have the right to defend yourself. Your best bet of doing so successfully is with the help of a knowledgeable and experienced North Carolina criminal defense attorney who understands what you are up against and will fight on your behalf. However, time is of the essence, which is why it’s best to contact a qualified attorney as soon as possible. 

At Hancock Law Firm, PLLC, we fully understand what is at stake and will do everything that we can to help you to fight this charge. To learn more or to schedule a free consultation, contact us today!

Posted in DWI
police at a scene

The Dos and Don’ts of Sobriety Checkpoints in North Carolina

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While often extremely inconvenient, sobriety checkpoints are legal. But while you may not evade them, you still have certain rights. Here are the dos and don’ts of sobriety checkpoints in North Carolina.

DO Stop When Asked 

The Supreme Court has ruled that sobriety checkpoints are legal. Therefore, you must stop at a sobriety checkpoint if an officer asks you to do so. Cars are chosen to stop at random, so it doesn’t mean that you are being accused of anything. Just remember to stop, follow directions, and remain respectful. 

DO Provide Police with Your Information 

When a law enforcement officer asks you for your identification at a sobriety checkpoint it’s important that you listen and provide him or her with your driver’s license and vehicle registration. If you don’t do so, it could lead the officer to be suspicious of you and may end up with your arrest. 

DON’T Violate Any Traffic Laws 

If you see a sobriety checkpoint far ahead in the distance, you have the right to go in a different direction. However, it’s imperative that you do not make any illegal moves, such as an illegal U-turn as this could create reasonable suspicion for the police to believe you are under the influence, allowing them to then pull you over. 

DON’T Incriminate Yourself 

If you are asked to stop it’s likely that the police officer will ask you a few different questions including what you’ve had to drink, where you’re coming from, and where you’re going. While you may have only had “a couple of beers,” it’s important to understand that anything you say to an officer can later be used as evidence against you. It’s best to politely tell the officer that you decline to answer these questions. 

DON’T Take Field Sobriety Tests 

If you are stopped you may also be asked to take a field sobriety test, which often consists of walking in a straight line and standing on one foot. You should know that you are legally allowed to refuse taking this test. Politely decline to do so and express that you have the right to refuse. 

DON’T Voluntarily Take Blood or Breath Tests 

Sometimes the police will ask you to take a blood or breath test, which test for the level of alcohol in your system. Unless you are being arrested for DUI, you are not legally required to take a blood or breath test. It’s generally best to decline to take these tests when they are voluntary. 

Attorney Joel Hancock at Hancock Law Firm, PLLC Helps Those in North Carolina Who Have Been Charged with DUI/DWI

If you have been charged with DUI/DWI and believe that your rights have been violated, you may have options. You have the right to defend yourself. Your best bet of doing so successfully is with the help of a knowledgeable and experienced North Carolina criminal defense attorney who understands what you are up against and will fight on your behalf. 

At Hancock Law Firm, PLLC, we fully understand what is at stake and will do everything that we can to help you to fight this order. To learn more or to schedule a free consultation, contact us today!

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Are DWI Records Made Public in North Carolina?

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When you make a huge mistake, such as driving while impaired (DWI), you probably hope to accept the consequences and then move on with your life. However, it’s not always so simple. When you have been arrested for DWI in North Carolina, the records are public, which allows for anyone to find them. 

Criminal records as a rule are considered public information since it is deemed in the best interest of the public to be aware of them. For this reason, they are easily available and accessible. You can find these records both through the courthouse as well as through many websites that specialize in offering them. With this information at our fingertips, employers will likely notice your criminal history when they choose to run a background check on you before hiring you. 

Freedom Of Information Law

Under North Carolina’s Freedom of Information law, the public is granted access to government-created records. Criminal records (assuming they are not expunged from your record) can be accessed through various means: online databases, courts, and law enforcement agencies. For a small fee you may even be able to request a copy of a specific record. Under state law, public records must be available for a small fee or for free and must be accessible through the internet. 

Non-legal Consequences of DWI Arrests

Future Employment

Unless it was expunged, you will be required to disclose your DWI arrest when you apply for a job, for a credit card or credit, for housing, and for school. The only time a DWI will be expunged is if the case has been dismissed. A DWI conviction cannot be expunged in North Carolina.  

Current Employment

Depending on your current employment, you may be fired after you are arrested for DWI. This is even more likely if your job involves some type of driving as part of your job responsibilities (e.g., bus drivers, truck drivers, delivery drivers). If you must seek new employment you should be aware that you will be barred from certain jobs:

  • Military and government positions
  • Positions related to working with children
  • Positions that require you to drive
  • Jobs that require you to handle sensitive and confidential information

Insurance Rates

Another direct impact of a DWI arrest is the marked increase in your insurance rates. As a newly branded “high-risk driver,” your rates will increase almost instantly after your arrest. Many companies will refuse to insure drivers who have been arrested for DWI and drop you entirely. However, there are companies that will insure someone who has been arrested, albeit expensively.

Joel Hancock at Hancock Law Firm, PLLC Helps Those in North Carolina Who Have Been Charged with DWI

If you have been charged with a DWI, you have the right to defend yourself and prove your innocence. Your best bet of doing so successfully is with the help of a knowledgeable and experienced North Carolina criminal defense attorney who understands what you are up against and will fight on your behalf. 

At Hancock Law Firm, PLLC, we fully understand what is at stake and will do everything that we can to help you to fight this order. To learn more or to schedule a free consultation, contact us today!

Posted in DWI
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Does Swerving Alone Constitute Reasonable Suspicion for a DUI/DWI in NC?

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It can be terrifying to be charged with driving under the influence (DUI) or driving while intoxicated (DWI). You never expect to find yourself in such a situation. If convicted of DUI/DWI, your license can be suspended or revoked, you can lose your job – and your reputation. However, just because you have been charged with DUI/DWI, it doesn’t mean that you are automatically going to be found guilty. In fact, the officer who pulled you over may have lacked sufficient evidence to pull you over in the first place. If you can prove this, you may be able to have your case dismissed altogether. 

Specific, Identifiable Facts and Reasonable Inferences

Under North Carolina law, an officer can only stop you based on specific, identifiable facts and reasonable inferences that can be made from those facts. Whether these facts and inferences were rational is based on what a “reasonable, cautious officer, guided by his experience and training” would determine in that specific case. Under the law, having a hunch or a suspicion without specific facts is not enough to stop someone. 

A very common reason that a police officer will pull someone over suspecting DUI/DWI is because that person was swerving on the road. It’s important to note though, that someone who is weaving within a lane is not enough to support a reasonable suspicion of DUI/DWI and therefore cannot be pulled over. This has been upheld by North Carolina courts. 

When Can Weaving Be Enough?

However, weaving, when combined with other factors, can be enough for reasonable suspicion, legally allowing the officer to pull someone over. North Carolina courts have held that officers have a reasonable, articulable suspicion when a driver is weaving at an unusual location, and in an area in close proximity to bars. State courts have also found that a driver who was weaving so erratically that drivers in the oncoming lanes had to move to avoid colliding with him or her was enough to justify a stop. 

Again, it’s not enough that you were swerving slightly within your lane to justify reasonable suspicion and therefore being stopped. If you have been charged with a DUI/DWI, there is a chance that the arresting officer violated your rights. 

Joel Hancock at Hancock Law Firm, PLLC Helps Those in North Carolina Who Have Been Charged with DUI/DWI

If you have been charged with DUI/DWI and believe that your rights have been violated, you may have options. You have the right to defend yourself. Your best bet of doing so successfully is with the help of a knowledgeable and experienced North Carolina criminal defense attorney who understands what you are up against and will fight on your behalf. 

At Hancock Law Firm, PLLC, we fully understand what is at stake and will do everything that we can to help you to fight this order. To learn more or to schedule a free consultation, contact us today!

Posted in DWI
Driving While Intoxicated

Don’t Sleep in Your Vehicle When Intoxicated

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When you’re out and you’ve had a few drinks, you likely know that you shouldn’t get behind the wheel of a car and drive. In an effort to be safe and protect yourself and others, you may make the decision to sleep in your car until you sober up. However, while this may be a safer option, it’s still not legal. 

You may be surprised to learn that you don’t actually need to be driving a vehicle in order to be charged with DWI (driving while intoxicated) in North Carolina. 

State DWI Laws 

In North Carolina, in order to be found guilty of drunk driving, an individual must be operating a vehicle. But what specifically does it mean to “operate” one? Under state law, an operator is “a person in actual physical control of a vehicle which is in motion or which has the engine running.” Even if the vehicle is parked, if the engine is running someone can be charged with DWI – even if they are asleep. For instance, if it’s wintertime and you decide to sleep in the back seat of your car but you turn the car on solely for the heat, you could still be charged with DWI. However, if you are asleep in the back seat of your car but you do not turn the engine on, you may have a solid defense against DWI since you can argue that you were not operating the vehicle. 

So What Should You Do Instead?

If you have been drinking it’s best not to sleep it off in your vehicle. Instead, try calling a friend or family member to come and pick you up. Alternatively, you can call a rideshare company, such as Uber or Lyft, to come and get you. Another possibility is to ask the host (if you are at someone’s house) if you can stay the night. If for whatever reason you have no choice but to sleep in your car, always do so in the back seat. But before you do, place the keys in the glove compartment, under the front seat, or in the trunk. 

The Attorneys at Hancock Law Firm, PLLC Help Those in North Carolina Who Have Been Charged with DWI

If you or a loved one has been charged with DWI, it can be extremely overwhelming – especially if you had no intention of driving. A conviction for DWI can have an immense impact on many aspects of your life. That is why it is in your best interest to consult with a knowledgeable and experienced criminal defense attorney as soon as possible. 

At Hancock Law Firm, PLLC, we fully understand what is at stake and will do everything that we can to help you to fight these charges and obtain the best possible outcome. To learn more or to schedule a free consultation, contact us today!

Posted in DWI
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Levels of DWI in North Carolina

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Driving is inherently dangerous, so driving while impaired (DWI) is even riskier – and illegal. In North Carolina, there are six different levels of misdemeanor convictions if you are found to be DWI: levels 1A, 1, 2, 3, 4, and 5. The first three levels (1A, 1, and 2) are the most serious, while the remaining three are less serious. The level that you are charged with is dependent upon the specific facts of your case. 

Aggravating Factors

The first thing that a court will look at is whether there is at least one grossly aggravating factor. This could include any one of the following:

  1. Prior conviction for DWI within seven years of the date of the present DWI. 
  2. The driver was driving on a license that was revoked for another alcohol-related offense
  3. The driver charged caused a serious injury to another person at the time of the offense
  4. The defendant committed the DWI while one of the following individuals was in his vehicle:
    1. A child under the age of 18
    2. A person with the mental development of a child under the age of 18
    3. A person with a physical disability preventing them from exiting the vehicle without assistance

In determining the level of a DWI, the following holds true:

  • One grossly aggravating factor equates to a level 2.
  • Two factor is a level 1.
  • Three or more factors constitute the most serious level: 1A.
  • Without any grossly aggravating factors, the level is 3, 4, or 5. This is determined by balancing the aggravating factors against any mitigating factors.
    • If aggravating factors outweigh mitigating factors, the DWI is a level 3.
    • If the aggravating and mitigating factors counterbalance themselves, this is a level 4.
    • If the mitigating factors outweigh the aggravating factors, the DWI is a level 5.

Mitigating factors include:

  • Slight impairment of the defendant’s faculties resulting solely from alcohol, and an alcohol concentration that did not exceed 0.09.

 

  • Slight impairment of the defendant’s faculties, resulting solely from alcohol, with no chemical analysis having been available to the defendant.

 

  • Driving at the time of the offense was safe and lawful except for the impairment of the defendant’s faculties.

 

  • A safe driving record, with the defendant’s having no conviction for any motor vehicle offense for which at least four points are assigned or for which the person’s license is subject to revocation within five years of the date of the offense for which the defendant is being sentenced.

 

  • Impairment of the defendant’s faculties caused primarily by a lawfully prescribed drug for an existing medical condition, and the amount of the drug taken was within the prescribed dosage.

 

  • The defendant’s voluntary submission to a mental health facility for assessment after being charged with the impaired driving offense for which the defendant is being sentenced, and, if recommended by the facility, voluntary participation in the recommended treatment. (6a) Completion of a substance abuse assessment, compliance with its recommendations, and simultaneously maintaining 60 days of continuous abstinence from alcohol consumption, as proven by a continuous alcohol monitoring system. The continuous alcohol monitoring system shall be of a type approved by the Division of Adult Correction and Juvenile Justice of the Department of Public Safety.

 

  • Any other factor that mitigates the seriousness of the offense.

The Attorneys at Hancock Law Firm, PLLC Help Those in North Carolina Who Have Been Charged with a DWI

A conviction for DWI can have a significant impact on your life. That’s why it is in your best interest to consult with a knowledgeable and experienced criminal defense attorney as soon as possible. 

At Hancock Law Firm, PLLC, we fully understand what is at stake and will do everything that we can to help you fight these charges and obtain the best possible outcome for you. To learn more or to schedule a free consultation, contact us today!