This includes DWIA DWI is a Driving While Impaired offense. It is more commonly referred to as drunk driving. In North Carolina, the term DWI is used. In other states, the terms DUI or OUI may be used. North Carolina's DWI is a misdemeanor, punishable by up to three years in jail. cases in Raleigh! Do not talk to police. Please. Do your defense lawyer a favor, and don’t talk.

A Magistrate is a judicial official, not a judge, who is part of the District CourtDistrict Court is the lower of two levels of trial court in North Carolina. Misdemeanors begin (and can be resolved) in District Court. Most felonies also begin in District Court, but only Class H and Class I felonies may be resolved in District Court. of North Carolina. The Magistrate’s job, among other things, is to inform the driver or defendant of the charges against him, inform the driver of his right to communicate with an attorney and friends, and inform the driver of the general circumstances under which he may secure his release.

The Magistrate may order the driver confined or otherwise secured if the driver is so unruly as to disrupt and impede the proceedings, or becomes unconscious, or is grossly intoxicated, or is otherwise unable to understand the procedural rights afforded by the initial appearance before the magistrate.

The Magistrate must also determine the conditions for pretrial releasePre-trial releasePre-trial release is a program where people with limited or no criminal records may be released from jail pending resolution of their case. PTR usually requires regular check-ins with a case worker. is a program where people with limited or no criminal records may be released from jail pending resolution of their case. PTRPre-trial releasePre-trial release is a program where people with limited or no criminal records may be released from jail pending resolution of their case. PTR usually requires regular check-ins with a case worker. is a program where people with limited or no criminal records may be released from jail pending resolution of their case. PTR usually requires regular check-ins with a case worker. usually requires regular check-ins with a case worker. of the driver under NCGS 15A-533(b). The Magistrate has one of four possible choices:

1. Release the defendant on his own written promise to appear,
2. Release the defendant upon his execution of an unsecured appearance bond,
3. Place the defendant in the custodyCustody is a general term used describe a condition where an individual does not feel free to leave, as the result of a show of police authority. A person in custody must be read his Miranda rights before being questioned by police. Custody includes arrest, but may be broader than arrest. of a designated person or organization,
4. Require the execution of an appearance bond in a specified amount secured by a cash deposit of the full amount of the bond, by a mortgage, or by at least one solvent surety.

In addition, the Magistrate can take into account whether the driver/defendant is intoxicated to such a degree that he would be endangered by release without supervision.

In State v. Knoll, 322 N.C. 535 (1988), the North Carolina Supreme Court held that the Magistrate cannot simply detain a driver/defendant in custodyCustody is a general term used describe a condition where an individual does not feel free to leave, as the result of a show of police authority. A person in custody must be read his Miranda rights before being questioned by police. Custody includes arrest, but may be broader than arrest., provided the driver, if seriously impaired, has a friend or family member who is willing to take custodyCustody is a general term used describe a condition where an individual does not feel free to leave, as the result of a show of police authority. A person in custody must be read his Miranda rights before being questioned by police. Custody includes arrest, but may be broader than arrest. of him and if failing to release the driver would prejudice his ability to defend himself at a future trial.

In the three cases that were joined under the Knoll decision, the drivers/defendants in each of the cases had family members or friends who had come to jail to pick up their loved ones. The magistrates in each of the three cases had told the family members that the drivers would not be released for many more hours. As a result, the drivers’ defenses were prejudiced because the family members lacked any opportunity to observe the drivers to make an independent judgment about whether they were impaired.

Here’s how this ruling can affect your case: If you hare held in custodyCustody is a general term used describe a condition where an individual does not feel free to leave, as the result of a show of police authority. A person in custody must be read his Miranda rights before being questioned by police. Custody includes arrest, but may be broader than arrest. by the Magistrate on the grounds that you are too intoxicated or too impaired to be released, and if that detention prevents a family member or friend from observing you and forming an independent opinion about your impairment, your detention may have prejudiced you to the extent that your entire DWIA DWI is a Driving While Impaired offense. It is more commonly referred to as drunk driving. In North Carolina, the term DWI is used. In other states, the terms DUI or OUI may be used. North Carolina's DWI is a misdemeanor, punishable by up to three years in jail. case may be throw out.

Give me a call (919) 352-9411 for some free advice.

Assume for a moment that the police officer has a valid reason or a reasonable articulable suspicionReasonable suspicion is the level of proof required to stop a vehicle or conduct a Terry Stop, where there is no apparent evidence of a crime. Reasonable suspicion is more than just a hunch. to stop the car. Does that mean that a driver accused of a DWIA DWI is a Driving While Impaired offense. It is more commonly referred to as drunk driving. In North Carolina, the term DWI is used. In other states, the terms DUI or OUI may be used. North Carolina's DWI is a misdemeanor, punishable by up to three years in jail. is sunk? No.

Just because an officer has enough legal grounds to stop a car does not necessarily mean that the officer has legal grounds to arrest the driver on a Driving While Impaired charge (DWIA DWI is a Driving While Impaired offense. It is more commonly referred to as drunk driving. In North Carolina, the term DWI is used. In other states, the terms DUI or OUI may be used. North Carolina's DWI is a misdemeanor, punishable by up to three years in jail.).

The prosecutorA District Attorney is the represented of the State, usually elected by the people of a judicial district, to prosecute crimes on behalf of the State. The Wake County District Attorney is Colon Willoughby, Jr. A District Attorney usually has a staff, including assistant district attorneys who are the actual prosecutors who handle most of the day-to-day caseload. must prove that in the second phase of the police officer’s investigation he developed enough evidence to form a probable causeProbable cause is the standard of proof that justifies the arrest (or indictmentAn indictment is a finding by a grand jury that there is probable cause to believe the defendant committed a crime. An indictment is not a finding of guilt. An indictment, rather, is a method by which a prosecutor moves a case into Superior Court for resolution by plea or trial by jury.) of an individual. In order to find probable cause, a cautious officer, acting in good faith, must have sufficient information to believe that a crime has been or is being committed. that the driver had been driving while impaired.

The National Highway Traffic Safety Administration teaches two major evidence gathering tasks at this point as part of the officer’s Phase II interaction with the driver. The first task is for the police officer to approach, observe, and interview the driver while still in the car to identify any impairment or intoxication face-to-face.

The officer will identify whether the person has bloodshot eyes, soiled clothing, fumbling fingers, alcohol containers, drugs or drug paraphernalia, bruises, bumps or scratches or whether the person is slurring his or her speech, admission to drinking, abusive language, etc.

The officer will also identify any smells – alcoholic beverages, marijuana, cover up of odors, breath-sprays, or unusual odors.

Next time I’ll talk about additional observations the police officer should record before validly arresting the driver.

In State v. Battle, the North Carolina Court of Appeals wrote said that a reasonable articulable suspicionReasonable suspicion is the level of proof required to stop a vehicle or conduct a Terry Stop, where there is no apparent evidence of a crime. Reasonable suspicion is more than just a hunch. is a “brief investigatory stop,”

A police officer may conduct a brief investigatory stop of a vehicle, even though there is no probable causeProbable cause is the standard of proof that justifies the arrest (or indictmentAn indictment is a finding by a grand jury that there is probable cause to believe the defendant committed a crime. An indictment is not a finding of guilt. An indictment, rather, is a method by which a prosecutor moves a case into Superior Court for resolution by plea or trial by jury.) of an individual. In order to find probable cause, a cautious officer, acting in good faith, must have sufficient information to believe that a crime has been or is being committed. for the stop, when justified by specific, articulable facts which would lead a police officer reasonably to conclude in light of his experience that criminal activity may be afoot… These facts and inferences must show a substantial possibility that criminal conduct has occurred, is occurring or is about to occur.

A reasonable articulable suspicionReasonable suspicion is the level of proof required to stop a vehicle or conduct a Terry Stop, where there is no apparent evidence of a crime. Reasonable suspicion is more than just a hunch. requires that the police officer have more than a hunch that something is going on. The facts upon which the officer makes his stop must be specific and he must be able to articulate those in a way that others can understand. For instance, he can’t just say “I just felt that the defendant was driving drunk” or “My gut told me that the defendant was driving drunk.” He must explain why he had the suspicion, and what gave rise to them.

In addition, these observations must be viewed in the context of the officer’s overall experience. An officer with 39 years experience is an officer who might be able to evaluate a situation much more easily than a rookie cop who can’t rely upon such extensive experience. As a consequence, a rookie cop will probably need to know many more articulable facts.

The answer is: yes, you can speed up the process. You can walk into court on the first court date and plead guilty.

This is NOT something I recommend. Why? Because the pleaA plea agreementA plea agreement is usually a negotiated agreement between the defendant (through his lawyer) and the prosecution where the defendant agrees to plead guilty in exchange for some benefit, including, but not limited to, a reduced sentence or a reduction of charges. An Alford Plea is a guilty plea with all of the benefits and consequences of a guilty plea, but where the defendant does not admit personal guilt. is usually a negotiated agreement between the defendant (through his lawyer) and the prosecution where the defendant agrees to plead guilty in exchange for some benefit, including, but not limited to, a reduced sentence or a reduction of charges. An Alford Plea is a guilty plea with all of the benefits and consequences of a guilty plea, but where the defendant does not admit personal guilt. offer you’re likely to get on the first court date is likely the worst pleaA plea agreementA plea agreement is usually a negotiated agreement between the defendant (through his lawyer) and the prosecution where the defendant agrees to plead guilty in exchange for some benefit, including, but not limited to, a reduced sentence or a reduction of charges. An Alford Plea is a guilty plea with all of the benefits and consequences of a guilty plea, but where the defendant does not admit personal guilt. is usually a negotiated agreement between the defendant (through his lawyer) and the prosecution where the defendant agrees to plead guilty in exchange for some benefit, including, but not limited to, a reduced sentence or a reduction of charges. An Alford Plea is a guilty plea with all of the benefits and consequences of a guilty plea, but where the defendant does not admit personal guilt. offer you could get. The DA knows you’re anxious to resolve the matter. Consequently, the Wake County DA will offer you a really bad deal, one that you should almost always refuse. In the case of a DWIA DWI is a Driving While Impaired offense. It is more commonly referred to as drunk driving. In North Carolina, the term DWI is used. In other states, the terms DUI or OUI may be used. North Carolina's DWI is a misdemeanor, punishable by up to three years in jail., while the pleaA plea agreementA plea agreement is usually a negotiated agreement between the defendant (through his lawyer) and the prosecution where the defendant agrees to plead guilty in exchange for some benefit, including, but not limited to, a reduced sentence or a reduction of charges. An Alford Plea is a guilty plea with all of the benefits and consequences of a guilty plea, but where the defendant does not admit personal guilt. is usually a negotiated agreement between the defendant (through his lawyer) and the prosecution where the defendant agrees to plead guilty in exchange for some benefit, including, but not limited to, a reduced sentence or a reduction of charges. An Alford Plea is a guilty plea with all of the benefits and consequences of a guilty plea, but where the defendant does not admit personal guilt. offer is almost always to “plead open” (i.e., you get nothing in exchange) and that may be something you’d want to do eventually, there’s no reason to do it on the first court date.

There may be circumstances in which you absolutely need to get the DWIA DWI is a Driving While Impaired offense. It is more commonly referred to as drunk driving. In North Carolina, the term DWI is used. In other states, the terms DUI or OUI may be used. North Carolina's DWI is a misdemeanor, punishable by up to three years in jail. or other criminal matter resolved right away. Perhaps you’re about to enlist in the armed forces. None of the branches will take an enlistee unless all criminal matters are resolved. Consequently, you may want to “get it over with.”

But for many people, waiting is the best thing to do. Why? Because as time goes on, the state’s position almost always weakens. And DAs get more eager to offer better pleas as time goes on.

Finally, in many cases, you won’t get all of the information about your case until at least 6 to 9 months after you are first charged. For instance, if you’re charged with a DWIA DWI is a Driving While Impaired offense. It is more commonly referred to as drunk driving. In North Carolina, the term DWI is used. In other states, the terms DUI or OUI may be used. North Carolina's DWI is a misdemeanor, punishable by up to three years in jail., and as part of your arrest you submitted to a blood test, the blood results won’t be returned by the SBIThe SBI, based in Garner, is North Carolina's version of the FBI. It has a crime lab, and agents who conduct investigations usually of state-wide importance. The SBI is operated under the auspices of the NC Department of Justice. for months.

The State Bureau of InvestigationThe SBI, based in Garner, is North Carolina's version of the FBI. It has a crime lab, and agents who conduct investigations usually of state-wide importance. The SBI is operated under the auspices of the NC Department of Justice. (SBIThe SBI, based in Garner, is North Carolina's version of the FBI. It has a crime lab, and agents who conduct investigations usually of state-wide importance. The SBI is operated under the auspices of the NC Department of Justice.), the agency that conducts the blood test, has such a backlog, that the results of the test won’t be available until at least 6 months after your arrest.

The answer is to sit tight and wait. At most, you’ll have to make a number of appearances. If you’re out-of-state, your attorney can make those for you.

But otherwise, you can go about your life, maybe save up some money for the fines and costs you’ll have to pay, and relax.

If your license has been has been revoked due to a charge of Driving While Impaired, you may be eligible for a limited driving privilege after the first ten (10) days of revocation.  A District CourtDistrict Court is the lower of two levels of trial court in North Carolina. Misdemeanors begin (and can be resolved) in District Court. Most felonies also begin in District Court, but only Class H and Class I felonies may be resolved in District Court. Judge may issue the limited driving privilege, but only if you are eligible.  Since judges and legal clerks are not permitted to give you legal advice, it may be worth your while to hire an attorney to help you restore your limited driving privileges.

These limited driving privileges will include the privilege to drive your car to and from work.  Those times are presumed to be 6:00 AM to 8:00 PM.  If you are interested in requesting more than the standard hours, it’s advisable that you get a letter from your employer or boss saying that your work needs you to drive later or earlier in the day.

You will also need to:

1. Completed Petition for Limited Driving Privilege (Form AOC-CVR-9) 
2. Copy of your substance abuse assessment.
3. Certified copy of seven-year driving history from Department of MOtor Vehicles.
4. Valid proof of insurance form DL-123 from your insurance company.
5. Fully completed, typed, proposed, limited driving privilege (3 copies) Form AOC-CVR-10 or AOC-CVR-11
6. Letter from employer verifying work hours – only if requesting more than the standard hours of 6:00 AM to 8:00 PM.

The application is submitted, and on the next business day you or your lawyer must appear in Courtroom 1A between the hours of 11:00 am and 2:00 pm in order to petition the court in person.

In most cases in North Carolina, a 30-day rehab would be overkill.  I recommend clients do get an alcohol assessment if they’ve been arrested for Driving While Impaired (DWIA DWI is a Driving While Impaired offense. It is more commonly referred to as drunk driving. In North Carolina, the term DWI is used. In other states, the terms DUI or OUI may be used. North Carolina's DWI is a misdemeanor, punishable by up to three years in jail.) in Raleigh, Cary or Apex, Wake County.

There are several reasons to get an “alcohol assessment.” First, the assessment can be used to restore limited driving privileges if the driver’s license was automatically suspended at the time of arrest. Second, the assessment is useful if the driver ever faces a convictionA conviction is a formal finding by a court - either following a trial by a judge or jury or following the entry of a pleaA plea agreementA plea agreement is usually a negotiated agreement between the defendant (through his lawyer) and the prosecution where the defendant agrees to plead guilty in exchange for some benefit, including, but not limited to, a reduced sentence or a reduction of charges. An Alford Plea is a guilty plea with all of the benefits and consequences of a guilty plea, but where the defendant does not admit personal guilt. is usually a negotiated agreement between the defendant (through his lawyer) and the prosecution where the defendant agrees to plead guilty in exchange for some benefit, including, but not limited to, a reduced sentence or a reduction of charges. An Alford Plea is a guilty plea with all of the benefits and consequences of a guilty plea, but where the defendant does not admit personal guilt. - of guilt., because obtaining an assessment and complying with recommended treatment prior to sentencing is considered a “mitigating” circumstance, and can improve the defendant’s sentencing position.

The man had almost twice the legal limit of alcohol in his blood, and was later released into the care of his girlfriend.