DWI Defense FAQs2021-11-17T15:48:40-05:00

DWI Defense FAQs

Hear from the Criminal Defense Attorneys of Dummit Fradin who specialize in DWI Defense directly as they answer the most common questions people have after they are charged with driving while intoxicated or driving under the influence.

DWI Defense: The Basics About The Charges

We Answer the 3 Most Common Questions Asked After a DWI2021-12-01T10:35:02-05:00

Criminal Defense Attorney Clarke Dummit answers 3 of the most commonly asked questions his clients are concerned about after they have been charged with a DWI in North Carolina.

  • Is it a felony?

Generally, in North Carolina, a DWI is charged as a misdemeanor. However, if you’re driving while impaired charge involved death or serious injury to another you could be dealing with a felony charge as well. Further, if you’ve accumulated three DWI charges within a 10 year period, you could be facing a habitual DWI charge, which is a felony. So, it depends on the specifics of your case, but more than likely, you’re DWI is a misdemeanor charge.

  • Am I going to jail?

Jail time is heavily regulated by statute in our state. The judge must consider many things which may lower or raise your sentence, and grossly aggravating factors that jump you to mandatory jail time. However, even if the statutes do call for mandatory active jail time, we have sentencing alternatives that many judges will consider.

  • When can I drive again?

This is, again, dependent upon the specifics of your case. There are 3 different means and durations for license revocation in North Carolina, all of which begin and end at different times:
1)  A non-criminal civil revocation is done by the magistrate and lasts for 30 days
2) Refusing a breathalyzer will cause the DMV to revoke a license for up to a year under an administrative revocation
3) When convicted of a DWI the judge will revoke a license on a criminal revocation
For more information see our limited driving page

If you’ve been charged with a DWI in North Carolina, call one of our DWI Attorneys right away and request a consultation to discuss the specifics of your case.

What are the Consequences if an Underage Person Gets a DUI?2021-11-17T13:40:24-05:00

Criminal Defense Attorney Patrick Apple explains that in North Carolina there is a zero-tolerance policy when it comes to driving and underage consumption of alcohol. This means that even if a person under the age of 21 has a .01 blood alcohol level, they can and will get charged with driving after consuming underage. They are facing the same consequences as a DWI, a loss of license, possible jail time, and a non-expungable criminal record. Fortunately, there are deferred dismissal programs, conditional discharge, and a prayer for judgment continued which might help lessen the consequences to the person’s driving license and their criminal record. If you or someone you know has been charged with driving after consuming underage, you need an experienced attorney by your side. Call one of our DWI Defense Attorneys today and consult on the specifics of your case.

DWI Defense: In Court

How Do You Challenge a Blood Draw That Results in a DWI?2021-12-01T10:48:14-05:00

Criminal Defense Attorney Patrick Apple discusses the types of blood draws found in a DWI case, whether or not they can be refused, and how to challenge a blood draw that results in a DWI once it’s been taken. There are three types of blood draws you’ll routinely see in a DWI case, a hospital blood draw, which is usually performed after a wreck and can be refused, a statutory blood draw, which is typically done with permission by a chemical analyst and therefore can also be refused, but the third is done according to a warrant after there has already been a willful refusal and cannot be again refused. Once the state has a person’s blood they have to be able to show the chain of custody was unbroken, the blood was stored properly, there was no chance of mix-up at the lab, and that it was properly sealed. All these issues and many more need to be raised in a challenge to a blood draw that results in a DWI. If you’ve been charged with a DWI that hinges on a blood test, give Dummit Fradin a call today!

How Do I Challenge a Breathalyzer Test?2021-12-01T10:38:26-05:00

Criminal Defense Attorney Patrick Apple talks about the breathalyzer, why it isn’t reliable, but why if you’re asked to take the test, you are going to need an attorney no matter what you decide to do, submit to the test or refuse. There are actually two types of breath tests in use, the first is performed on the road with an Alco-Sensor and is not admissible in court, the second is performed at the county jail or station and is what is referred to as the breathalyzer. The breathalyzer is formally the EC/IR II machine and it doesn’t measure alcohol but rather the byproduct of alcohol in your lungs, ketones. The assumption is that everyone interacting with the machine has the same metabolic rate, which we know is polite fiction, and yet it is admissible in court. Unfortunately, refusing to submit to the test means a warrant for blood can be obtained based on that refusal as well as an administrative suspension of driving privileges for 1 year. So, if you’ve been charged with a DWI or DUI because of a breathalyzer or refused to take the test and are now facing other consequences, call Dummit Fradin, let us help!

How Can I Challenge the Field Sobriety Tests?2021-11-15T16:32:39-05:00

Criminal Defense Attorney Patrick Apple continues his three-part series discussing how to challenge common evidence found in DWI cases by touching on the field sobriety tests. There are only three tests that are recognized by the NHTSA and admissible in court. These are the HGN or the Horizontal Gaze Nystagmus test, the walk and turn test, and the one-leg stand test. The HGN test looks for the involuntary jerking of your eye when an officer puts a stimulus in front of your eyes and moves it back and forth. This should typically be a finger, often in a DWI case, the officer has used a very bright flashlight instead. The walk and turn test and the one-leg stand test are often performed on the side of the road with traffic roaring past. Officers also make up other tests like the counting test and the ABC test, but these are not admissible or recognized as authentic tests. The Officer must say that the person being charged with a DWI performed poorly on the three field sobriety tests, otherwise it will be considered a poor arrest. Their testimony will be used in court, therefore to challenge their account, you should review their body and dash-camera footage to see if the tests were performed to NHTSA standards and under what conditions. If you’ve been charged with a DWI where field sobriety tests were used, call Dummit Fradin today! Let us help!

DWI Defense: Driving Privileges

How to Get Back on the Road in as Little as 10 Days After a DWI Charge2021-11-17T16:06:03-05:00

The DWI Defense Attorneys of Dummit Fradin discuss how to get limited driving privileges as quickly as possible after being charged with a DWI in the triad of North Carolina.

Greensboro

Guilford County Courthouse
201 S. Eugene St.
Greensboro, NC 27401

Also handling cases in Alamance County.

Winston-Salem

Forsyth County Courthouse
Courtroom 1A
200 N Main St.
Winston-Salem, NC 27101

Unless you’re charged in Kernersville.
They have a local Courthouse that handles cases on Wednesday mornings.

Also handling cases in Davidson, Davie, Yadkin, Surry, and Stokes Counties.

High Point

Guilford County Courthouse High Point
505 E. Green Dr.
High Point, NC 27260

Generally, you need 4 things:
1) A valid driver’s license at the time of the charge
2) A DL 123 insurance form (proof of insurance)
3) An alcohol assessment from an approved alcohol agency
4) If you have non-standard work hours, we will need a letter on your work letterhead stating such

Then, on the eleventh day after your charge, your Defense Attorney will go to the proper Courthouse (above) and try to get your limited driving privileges order signed by a judge. You do not have to appear for this stage of the process. So, if you’ve been charged with a DWI, don’t wait to call! A good Defense Attorney could have you driving again in a few days! Call one of ours for a consultation today!