Driving While Impaired (DWI) Defense

One of the biggest mistakes people make after being charged with a Driving While Impaired (DWI) is NOT hiring an attorney or hiring one based solely on the “cheapest” fee. DWI cases are very serious. In fact a DWI, even one where no one is injured, can lead to a 2 year active sentence in the North Carolina Department of Corrections. In addition, a conviction can cause lasting driving and financial consequences.

10 things to do, or not do, if you have been recently charged with a DWI:

1. Call a lawyer and set up a consultation. Do your research and hire an attorney who grasps and cares about your case.

2. Don’t discuss your case with anyone other than your lawyer. Although you may have had a friend or relatives go through a DWI, their case may be entirely different from yours. It can be a big mistake to rely on advice given from someone other than a lawyer who concentrates on DWIs.

3. Don’t drive until licensed to do so. Driving during the 30 day Civil revocation, or until you obtain a privilege, can cause the “snowball effect” on your driver’s license.

4. Request a Pre-Trial Privilege: Ask your lawyer about a pre-trial privilege. Most people charged with a DWI also have to deal with a 30 day Civil Revocation before they are ever convicted of anything. You may be eligible for a Pre-trial privilege during that time that will allow you to drive to work or school. There is no additional cost for this service.

5. Identify and Subpoena helpful Witnesses/Videos: Speak to your lawyer about Subpoenaing witnesses and/or video(s) right away. Otherwise, memories of witnesses may fade and potentially exculpatory video could be destroyed if you don’t act quickly.

6. Find out what your Constitutional rights are and take advantage of them. There are constitutional protections against unreasonable searches and seizures. These protections often come up in context of a DWI stop and/or arrest

7. Know your level. There are five levels of DWI in North Carolina. The level is determined by aggravating and mitigating factors. An attorney can advise you on what you can do to mitigate your case to the lowest level possible. Punishment, including jail time and fines is directed related to your “level.”

8. Take the charge seriously. A DWI conviction can follow you the rest of your life and could cost you thousands of dollars in additional insurance premiums alone.

9. Talk to your lawyer about obtaining an alcohol assessment. An assessment can be considered a mitigating factor and if convicted, it is required in order to obtain a limited privilege.

10. Ask every question that you have. One of the best things about having a lawyer is that you can alleviate the stresses of not knowing what to expect. Always feel comfortable asking your attorney questions about your case. Don’t hesitate telling your attorney when you don’t understand something.

APPEALS:

If you or someone you care about has been unfairly convicted of a criminal offense, then you should contact a lawyer from Melrose, Seago & Lay to discuss your rights to an appeal. There are time deadlines and restraints that could cause you to lose this right if they are missed or ignored. Our law firm has experience handling all types of appeals in North Carolina. Call today to set up a legal consultation.

Fees: We generally charge a $250 consult to discuss whether you have a good basis for an appeal. If so, the consult fee will be applied to the overall fee.

Our Approach to Appeals: At Melrose, Seago & Lay we feel that the team approach of brainstorming and research is the most effective way to handle an appeal. Therefore several different attorneys are generally involved in working on a single appeal.

Frequently Asked Questions about DWI's

Contact a Team of Driving Driving Defense Attorneys Today!

For aggressive and hard-hitting legal representation in North Carolina, contact the personal injury lawyers at Melrose, Seago & Lay. Our offices in Sylva and Waynesville North Carolina cover Personal Injury, Car Accidents, Wrongful Death, Worker's Compensation, Medical Malpractice and Real Estate Law throughout western North Carolina including Franklin, Murphy, Bryson City, Asheville, Cullowhee, Cashiers, Highlands, Hayesville and Hendersonville.