If you are facing DWI (drunk driving/DUI) charges in North Carolina, it is important to consult with an experienced criminal defense lawyer as soon as possible. Potential penalties include fines, driver's license suspension, probation and even jail time.
Asheville DWI attorney Al Messer with Messer Law Firm has been successfully representing DWI clients for over 20 years and is a zealous advocate for his clients.
Mr. Messer looks at the various aspects of the DWI stop and arrest and is able to identify whether or not mistakes were made by law enforcement. The law is complex, and you need competent representation. Our criminal defense law firm is prepared to give you the strong representation you need for this critical legal matter.
A DWI Conviction: Do You Know What The Prosecution Needs To Prove?
In North Carolina, it is illegal to operate a motor vehicle with a blood alcohol concentration (BAC) of .08 or higher. It is also illegal to drive while appreciably impaired by an impairing substance whether alcohol or substances such as illegal and prescription drugs, or a combination of alcohol and drugs.
In order to convict a defendant of DWI, the prosecution must prove that:
- The defendant was driving a vehicle on a highway or public vehicular area
- The officer had probable cause to stop the vehicle
- There was evidence to prove the defendant was appreciably impaired by alcohol or drugs at the time of the arrest or if they can prove the BAC was .08 or higher. Just because a .08 higher alcohol concentration is alleged doesn't automatically mean a conviction will occur.
The prosecution must show proof beyond a reasonable doubt that you were guilty of drunk driving. As a former prosecutor, Al Messer is familiar with the standard of proof the prosecution must meet in these cases.
Drunk Driving Punishments In North Carolina
Punishments for DWI in North Carolina vary, depending on a number of factors. If you are facing your first DWI charge and there were no aggravating factors, you will likely face a Level 5 DWI charge, which is a misdemeanor.
Punishment for a first-time DWI offense in North Carolina includes:
- Mandatory license revocation for one year
- A fine of up to $2,000
- A minimum of 24 hours in jail
For those who have had one or more convictions in the last seven years, or who are driving with a revoked license, the penalties are much harsher. They can be charged with a Level 1 DWI, which can result in a lengthy prison sentence and permanent driver's license revocation.
Whatever drunk driving charges you face, it is important you are represented by an attorney with experience in these matters.
Help From An Experienced Attorney
If you face drunk driving charges in North Carolina, call our office today at 828-251-1502 to arrange a free consultation with an experienced DWI attorney.
Defending individuals throughout Western North Carolina, including Henderson, Buncombe, Haywood and Madison counties
DWI/Traffic
