Tag: DWI

Do I Need a Lawyer for a DWI Charge in North Carolina?

Written by kwmlaw on August 26, 2021. Posted in Kelly & West News.

If you’ve been charged with a DWI in the state of North Carolina, you’re probably anxious to learn the next steps. You have the right to represent yourself in court but the truth is, the penalties for a DWI charge are pretty harsh. To put it simply, yes, you should always speak to a lawyer when charged with a DWI. Let’s go over the reasons why you’ll need an attorney for a DWI charge and how we can help you make the process go smoothly.

Should I Speak to an Attorney?

It’s always worth speaking to a lawyer to help you understand your charges and the penalties you are facing. Your attorney can help find possible defenses whereby you may not be found guilty, and/or lessen your penalties. Meaning, even if you are found guilty, your lawyer can present mitigatory factors to get you the lowest sentencing level possible.

A DWI conviction, even your first one will result in the suspension of your drivers’ license. Your attorney will present the documentation required to obtain a liberal limited driving privilege, and guide you through that process.

How Much Will it Cost?

Attorneys’ pricing varies from practice to practice and by region, and you can usually find one that will offer you a free consultation or one that involves only a small fee. Paying for your attorney may result in a not guilty verdict or a lesser charge conviction and should give you peace of mind. If you aren’t certain that you’ll be able to afford an attorney for your DWI, many practices offer payment plans where you are able to pay it off over time. Speak to your attorney about pricing and payment options during the consultation.

What Happens?

As we mentioned earlier, consequences for your DWI will be different depending on if it’s your first offense, where you live, and who you hire as your attorney. Hiring an attorney that is experienced in DWIs in your state is your best bet at getting lower-level penalties for your charge. But even with a top-notch attorney, you could still face harsh consequences. In North Carolina, DWI misdemeanor charges range from Level V to Level I, with Level I being the harshest. A Level I DWI can be punishable with a fine of up to $4000 and a minimum jail sentence of 30 days and a maximum of 2 years. For those with 3 prior DWI convictions in the past 7 years, a new one results in a more severe felony.

If you’ve been charged with a DWI in North Carolina, speak to our team of experienced lawyers at Kelly & West. We are here to help you through this tough process.

What’s the Difference Between a DWI and a DUI?

Written by kwmlaw on May 13, 2021. Posted in Kelly & West News.

A person arrested on charges of a DUI or DWI will face severe legal reciprocations. While the two terms look similar, their meanings are slightly different:

DWI: Driving while intoxicated.

DUI: Driving under the influence.

Some states also use two terms to differentiate between alcohol-impaired or drug-impaired driving. In these areas, a DUI refers specifically to a person under the influence of drugs.

North Carolina residents no longer have to worry about recognizing the difference between the two; the North Carolina Safe Roads Act of 1983 removed the previous drug- and alcohol-specific driving laws and grouped them all into the single offense of driving while impaired, or DWI.

Under North Carolina legislation, any blood alcohol concentration (BAC) over 0.08 percent is considered unfit to drive. For drivers under age 21, any alcohol concentration is deemed illegal.

Driving while impaired isn’t the only alcohol-related offense; transporting alcohol can cause a violation, too. According to the North Carolina General Assembly, state law also prohibits:

Having an open container in the vehicle if the driver is or has been consuming alcohol.
Having an open or closed container in the passenger area of a commercial motor vehicle.
Helping someone younger than 21 years old obtain alcohol. This includes buying or giving them alcohol or lending an ID so they can buy alcohol.

The penalties for a DWI or other alcohol-related offenses can include fines, community service, higher car insurance rates, license suspension/revocation, or even jail time.

How to Avoid a DUI/DWI

By making smart choices, it’s easy to avoid receiving a DWI. By being a smart driver, you’ll help ensure that you, your passengers, and other drivers on the road safely arrive at your destinations.

If you know you’ll be drinking at an upcoming event or destination, be sure to plan a safe ride home in advance. This could be via a “designated driver” (a friend who is responsible for remaining sober to drive the group home), a taxi, or another transit choice. If you have the option, you can also choose to stay in the same location overnight and avoid driving at all!

If you do plan to drink and drive, make sure you know your body’s limits and stick to them. To better understand how your body processes alcohol, you can use a BAC level chart or BAC calculator. While these resources are helpful tools to understand the effects of alcohol on your body, they are only estimates and should not be considered accurate. Only you can know how your body reacts to alcohol consumption, and how many drinks you can consume safely. However, in any situation, it is best to allow a non-drinking driver to take the wheel.

If you have further questions regarding a DUI or DWI, the Kelly & West team is happy to assist you.

DWI Charge Spurs Resignation of Cumberland County Deputy

Written by kwmlaw on September 27, 2014. Posted in Kelly & West News.

31-year-old Rickey Caldwell, a Cumberland County Sheriff’s Deputy, was charged with DWI after an accident involving his personal car.

The sheriff’s office statement detailed how Rickey Caldwell was driving on Alderman and School roads at 2:45 am when he lost control, flew off the road int a ditch, and flipped his vehicle into a tree.

According to records, Caldwell was arrested by the N.C. Highway Patrol and taken to the Cumberland County Detention Center where his blood-alcohol level registered a .14-nearly twice the legal limit.

Immediately after the blood-alcohol testing, Rickey Caldwell submitted his resignation from the Cumberland County Sheriff’s Department. He has been released from jail on bond will be facing court in October.

Have you or a loved one been injured by someone Driving While Impaired? If so, set up a no obligation consultation with the Kelly & West DWI Lawyers to learn about your rights and options. We are here to help you.

* Please Note, Kelly & West Attorneys do not represent Rickey Caldwell or anyone associated with this case.

Source: http://www.wral.com/nc-sheriff-s-deputy-resigns-after-dwi-charge/13918720/

I Ain’t Drunk, I’ve Just Been Drinking – Get the Facts About Driving While Impaired (DWI)

Written by kwmlaw on August 6, 2014. Posted in Kelly & West News.

Under North Carolina DWI law, you do not have to be physically or mentally “drunk” to be convicted of a DWI. You can be convicted of DWI simply by the fact of a .08 blood alcohol concentration on a blood test or an intoxilyzer.

Some drivers with a .08 show no physical impairment. Others, particularly people who do not drink often, will be physically and/or mentally impaired. Therefore, you can’t go by how you “feel” or even your own physical performance to determine whether you’ve had too much to drink. While the intoxilyzer is a notoriously inaccurate machine, courts give it great weight and usually accept its results as the Gospel.

If you do drink and drive, but are not physically impaired, you may be able to win your case because of lack of a reasonable articulable suspicion for the initial stop or lack of physical performance tests or other evidence to develop probable cause to arrest.

Basically there are four different prongs on which you may be convicted of a DWI:

1.A blood test that indicates a .08 or more blood alcohol concentration;
2.Results of a chemical analysis (such as an intoxilyzer) that is deemed sufficient to prove a blood alcohol concentration of .08 or more;
3.A blood test that shows the presence of any amount of certain illegal drugs; and
4.Physical and/or mental impairment;

However, in all cases the State must prove that you were driving, that a reasonable articulable suspicion existed for the stop, that probable cause for the arrest was present and that the blood test/intoxilyzer/other tests were given at a relevant time after driving.

We’re happy to answer any questions and review the facts of your case. Give us a call for a free consultation to determine whether the State has a viable DWI case against you.

Accidents Involving Alcohol

Written by kwmlaw on July 23, 2014. Posted in Areas of Experience, Personal Injury Lawyer and Legal Services.

Have you or a loved one been hurt in an accident involving alcohol? Make your first call to the law offices of Kelly & West, who can help answer your questions about your case.

If the other driver may be charged with a DWI, it’s not just another accident. You need to know your rights and what’s expected of you. Accidents involving alcohol often result in higher compensation for the innocent victims.

Call today for a free consultation onf your case.

Don’t give up your rights — let us protect you.

Speeding & Traffic Offenses

Written by kwmlaw on April 17, 2014. Posted in Areas of Experience, DWI & Traffic Lawyer and Legal Services.

If you have been charged with a DWI or other traffic violation, then you need experienced legal representation. At Kelly & West, we have over 30 years of experience representing clients for DWI’s and other traffic offenses.

DWI

Driving while impaired is an offense that can have serious consequences for a person. While it is generally a misdemeanor, it is punishable by up to two years in prison and up to a $4,000 fine. There is also a mandatory loss of license for at least a one year period. You may be eligible for a limited driving privilege. A DWI conviction will normally increase your insurance by 450% for a three-year period.

If you were injured in a DWI accident, you have the right to be justly compensated for your medical bills, lost wages, and past and future pain and suffering. However, when a driver whose blood alcohol content level is in excess of the state limits caused your injuries, you may also be entitled to damages over and above your actual damages.

License Revoked

Under North Carolina law, any person whose driver’s license has been revoked and who knows that he is driving with a revoked license is guilty of the offense of Driving While License Revoked, a Class 1 misdemeanor.

Driving While License Revoked is a serious offense that may result in serious consequences. The punishment for this offense can be as severe as 120 days in jail, depending on the convicted person’s prior driving record. Also, a convicted person’s license will be revoked for an additional year with no limited driving privileges. This offense also assigns eight insurance points for anyone who is convicted.

Speeding Tickets

Getting a traffic ticket is no fun. It may even ruin your day. But don’t let it ruin your driving record too. In the case of a traffic ticket, it rarely makes sense to plead guilty to the charge. Not only might your insurance premiums go up and you have to pay more each payment to drive your car, but you also lose the clean driving record you may have had prior to receiving the ticket. Moreover, pleading guilty in a serious case may even cause you to lose your license, send you to jail, or result in your car being confiscated.