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Under Age Drinking and Driving

ZERO TOLERANCE FOR UNDERAGE DRINKING AND DRIVING  North Carolina has a zero tolerance policy when it comes to underage drinking and driving.  A person who is under 21 years old can be convicted of Driving After Consuming Under 21 with any positive reading of alcohol.  This means a .01 can cost you your license and [...]

By | January 5th, 2015|Blog|0 Comments

Can you be arrested for Driving While Impaired just because the police officer smells alcohol on you?

Can you be arrested for Driving While Impaired just because the police officer smells alcohol on you? Criminal law features many standards.  For instance, in order to stop you for Driving While Impaired (DWI) a law enforcement officer must have “reasonable articulable suspicion” that you were driving while under the influence of an intoxicating substance.  [...]

By | December 19th, 2014|Blog|0 Comments

Fight 30 Day Civil Revocation

The Process To Fight The 30 Day Civil Revocation In North Carolina, if you are charged with driving while impaired (“DWI”) and refuse to submit to a breath test or blood test, or receive a result of .08 or greater then you will be subject to an immediate 30 day civil revocation of your driver’s [...]

By | December 2nd, 2014|Blog|0 Comments

Appreciable Impairment

Question: “Can I be arrested and convicted of DWI even if my BAC was .08 or less?” The Attorney Replies: Yes, under North Carolina law (N.C.G.S. 20-138.1), a person may be convicted of the criminal offense of Driving While Impaired even if their Blood Alcohol Concentration (BAC) is equal or less than .08.  The person [...]

By | October 8th, 2014|Blog|0 Comments

DWI, the weather, and your case.

Question: I’ve been hearing a lot lately about officers cracking down on drinking and driving during the holidays. I noticed that cold weather makes some electronics and gadgets less reliable, is this true for the breathalyzer tests that police give when they stop someone?   The Lawyer’s Reply: It’s certainly not outside the realms of [...]

By | October 7th, 2014|Blog|0 Comments

Ask A Lawyer: Financial Payment to DWI Victim’s Family

Ask A Lawyer: Financial Payment to DWI Victim’s Family Question: My brother was killed in a car accident. He was a passenger in, and the driver- who was already facing court for a DWI- was drunk when he wrecked. Can I sue the drunk driver's insurance for my brother’s death? My parents have settled with the [...]

By | October 7th, 2014|Blog|0 Comments

Reasonable Articulable Suspension

Why is Reasonable Articulable Suspension important? DWI charges are often the result of traffic stops, in which an officer may not suspect a DWI until after he or she approaches the vehicle. A police officer must have Reasonable Articulable Suspension to stop your vehicle on the basis of a perceived traffic violation, or a Reasonable Articulable [...]

By | February 17th, 2014|Blog|0 Comments

Interlock Hearing Question:

What should I do if I received a non-compliance letter from the NCDMV because I had an alcohol violation? I blew a FAIL when I tried to start my car in the morning. I had taken cough medicine in the middle of the night because I was sick. I guess it was still lingering in [...]

By | January 23rd, 2014|Blog, NEWS|1 Comment