Category: DWI

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!

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!

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!

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!

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!

The law is clear surrounding the purchase of alcohol and those who fail to adhere to it will be punished. This is the job of Alcohol Law Enforcement (ALE) agents. They are responsible for investigating, citing, and at times arresting individuals who commit criminal offenses concerning the sale of alcohol and other offenses related to public health and safety. This includes the sale of alcohol to minors (those under the legal age for consumption of alcoholic beverages). Oftentimes ALE agents will partner with local law enforcement officers. 

Criminal Citations Fake IDs, Underage Drinking and Sales

ALE agents may also investigate potential fake IDs. When a fake ID is suspected, ALE agents or police officers may investigate. Unfortunately, fake IDs are common among high school and college students, who purchase them online or are given them by a friend. When a fake ID is confirmed, the individual who tried to use it will receive a criminal citation for possession of the fake ID, possession of alcohol while underage, or furnishing alcohol to minors.

A Qualified North Carolina Criminal Defense Attorney Can Help

Those who receive such a citation may feel overwhelmed and not know what to do. That’s where a knowledgeable and qualified North Carolina criminal defense attorney can make a difference. The right lawyer will help to negotiate with the District Attorney on your case and try to have the citation dismissed and expunged from public records. 

It’s important to understand that even if a case is dismissed it will still appear on background checks resulting in questions surrounding your record when you go to do something such as apply for a job. However, once it’s expunged it will be erased. Once a citation is dismissed, a lawyer can work on having it expunged from your criminal record.

Hancock Law Firm, PLLC Helps Those in North Carolina Who Have Been Charged with a Crime

A criminal conviction in North Carolina can have a very long-lasting impact on your life. Not only can it affect your ability to obtain or keep certain jobs, but also it can have a permanent impact on your reputation. 

Fake IDs and underage drinking is a reality for many students, but such a mistake should not have to impact your future. 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 and your future. To learn more or to schedule a free consultation, contact us today!

Drunk driving is one of the biggest errors in judgment that someone can make. While people generally never plan to drive while under the influence of alcohol, poor planning often results in a false belief that the person will be able to get themselves home after drinking. Many people in this situation fail to consider that there are a lot of other ways that they can get home safely without getting behind the wheel of a car. For many people who drive drunk, the choice to do so would never be made when they were sober. 

Luckily, there are things that can be done while sober to help avoid making a potentially life-altering and dangerous decision. Here are 3 tips to avoid driving while intoxicated.

1. Stay over someone else’s place. 

Rather than worry about how you are going to get home after drinking, you can plan on not having to go home at all. Whether you make plans to stay at the house where you were drinking, go home with someone else who has not been drinking, or stay at a hotel within walking distance of the bar, you won’t have to even think twice about driving. 

2. Give a friend your keys.

If you don’t know how much you plan on drinking but are concerned that it could be too much to drive, it’s always good to get the opinion of someone whom you trust. You can give your keys to a friend, party host, or bartender, so that when you decide it’s time to go home, they can decide whether you need an alternate way of getting there safely. 

3. Have a designated driver

Lastly, one of the most common options for avoiding getting behind the wheel while drunk is to have a designated driver. A designated driver is someone whom you will agree upon ahead of time, who will not be drinking, and can therefore be responsible for driving you home safely. This could be someone who can’t drink for medical reasons or who doesn’t care to drink – or this could simply be someone different in your group each time, who takes turns not drinking each time you go out. 

You should always plan ahead whenever alcohol may be involved. However, if you fail to do so and have made the unfortunate decision to drive while intoxicated and are now charged with a DUI, it’s important that you seek a knowledgeable and experienced North Carolina criminal defense attorney who can help. 

Hancock Law Firm, PLLC Helps Those in North Carolina Who Have Been Charged with a Crime

A criminal conviction in North Carolina can have a very long-lasting impact on your life. Not only can it affect your ability to obtain or keep certain jobs, but also it can have a permanent impact on your reputation. 

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

The idea of “self-driving” vehicles is extremely exciting, like something out of a sci-fi movie. They allow the driver to sit back while the car operates by itself when in self-driving mode. Many are under the impression that “self-driving” vehicles do all the work, allowing you to do what you please while in the car. But what many do not know is that self-driving vehicles are not entirely autonomous; they still require the operator of the vehicle to take control of the wheel when necessary, such as in the case of an emergency. 

Unfortunately, several drivers in North Carolina have been pulled over by police officers because they were asleep behind the wheel while the autonomous vehicle was in motion. All of these individuals were charged with driving under the influence. 

Physical Control of the Vehicle

Although the vehicle operates on its own, a person must turn it on and off. Driving under the influence requires that the individual had physical control of the vehicle. Therefore prosecutors will often leverage circumstantial evidence in order to prove that the individual turned on the vehicle before the self-driving feature was activated. Such circumstantial evidence may include:

• The individual is sitting in the driver’s seat
• The keys are in the ignition
• The engine is operating
• The tires are warm to the touch
• The vehicle is on a road or on the side of a road

Police Officers Require Reasonable Suspicion

However, it is important to point out that unless the vehicle is stopped at a roadside checkpoint, police officers must have reasonable suspicion in order to pull over the driver. When an individual is asleep behind the wheel this serves as reasonable suspicion enough to make a traffic stop. 

Generally speaking though, if the operator of a self-driving vehicle (that has the self-driving feature turned on) is awake and the vehicle is not moving in a reckless or questionable manner, police officers do not have reasonable suspicion to pull them over and therefore cannot issue them a citation. 

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

When you have been pulled over – regardless of the type of vehicle that you are driving – and charged with a DWI, it can have a very long-lasting impact on your life. Not only can it affect your ability to obtain or keep certain jobs, but also it can have a permanent impact on your reputation. 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. To learn more or to schedule a free consultation, contact us today!