DWI or DUI – Criminal Defense Attorney

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What are the Elements of Impaired Driving (DWI/DUI)?

If you have been charged with a DWI/DUI in Hendersonville or Asheville, NC , there are four elements to the charge to consider:

1. Were you driving when you were charged with a DWI/DUI?

The first element requires that the State prove, beyond a reasonable doubt, that you were driving the vehicle. This seems simple, but an attorney can assist you with building  possible defenses that may arise in this element, schedule a consultation. Mr. Jones, as a DWI defense lawyer in Hendersonville, NC, aggressively represents clients facing these criminal charges.

2. Were you driving a “vehicle” when you were charged with a DWI/DUI?

The term “vehicle” is very broadly defined in North Carolina. However, there are certain devices that are exempted from the statute. Schedule a consultation with an attorney to determine if you were driving a “vehicle.” Mr. Jones, as a DWI defense lawyer in Hendersonville, NC, aggressively represents clients facing these criminal charges.IMG_4281

3. Were you driving the vehicle “on a street, highway, or public vehicular area”?

This essentially includes public parking lots and any other public driving area. However, there are certain areas that are considered “private” and could help build a defense to your charge. Schedule a consultation with an attorney to see if you have any defenses here. Mr. Jones, as a DWI defense lawyer in Hendersonville, NC, aggressively represents clients facing these criminal charges.

4. Were you under the influence of an impairing substance, had a blood alcohol level of .08 or higher, or had a Schedule I substance in your blood or urine?

The State must prove that any one of the above impairing evidence was present at the time you were driving. There may be an issue with proving that you were actually under the “influence.” Schedule a consultation with an attorney to see if you have any defenses here. Mr. Jones, as a DWI defense lawyer in Hendersonville, NC, aggressively represents clients facing these criminal charges.

Constitutional Defenses to DWI Charges: Hendersonville and Asheville, NC

The US Constitution protects individuals from unreasonable searches and seizures. Any evidence obtained by the government that violates your individual rights to privacy could be suppressed during a hearing on a motion to suppress evidence. In the DWI context, there could be issues with how you were stopped by the police, problems with a traffic checkpoint, or issues with the search of your vehicle or yourself. Schedule a consultation to see if you have any Constitutional defenses to your DWI charge. Mr. Jones, as a DWI defense lawyer in Hendersonville, NC, aggressively represents clients facing these criminal charges.

DWI Sentencing in Hendersonville and Asheville, NC

DWI is a misdemeanor crime. However, structured sentencing laws do not apply to this offense. Instead, there are five levels at which a person could be convicted. So it is important to consult with an attorney to be aware of the consequences before going forward with your case. The five levels rank from harshest punishment at level one, to the lowest punishment at level five. Essentially, in sentencing, you want to be  as close to level five as possible. Mr. Jones, as a DWI defense lawyer in Hendersonville, NC, aggressively represents clients facing these criminal charges.

In order to determine the sentencing level, the court looks at grossly aggravating, aggravating, and mitigating factors. Schedule a consultation to examine the factors that might impact sentencing in your case. And in many cases an attorney can help you produce  mitigating factors.

 

 

Disclaimer: The information contained on this page is merely for educational purposes only. No legal advice is being given to the viewer of these webpages. No attorney client relationship is created between you, the reader, and the attorney named in this website. An attorney client relationship is only created between you and the attorney after you have met with the attorney in-person and the attorney has agreed to represent you. As in any case, the facts and circumstances of each client may change the outcome of the case. And always, the law in North Carolina is continuously changing and being updated. Schedule an appointment to talk with an attorney before you take any legal action.

Mr. Jones is a DWI DUI defense lawyer in Hendersonville and Asheville, N.C.


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Hendersonville Asheville Family, Criminal Defense, and Personal Injury Lawyer
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285 E Allen Street, Hendersonville, NC