Criminal /Traffic Law
The criminal justice system can be a daunting thing to face on your own. Whether you’re looking at a misdemeanor or felony conviction, having an experienced, aggressive attorney on your side can help preserve and protect your legal rights while going through the judicial system.
Our firm handles all types of criminal cases, including:
• Drug and narcotic offenses
• Driving while impaired
• Traffic violations
• Violent crimes
• Internet crimes
• Various other misdemeanors and felonies
If you are questioned, or arrested, for a crime, it’s crucial that you seek the help of an experienced criminal defense attorney. Contact our firm for a free legal consultation regarding your case.
Criminal Defense FAQ
- What’s the difference between a misdemeanor and a felony?
- Will I lose my license if I get a DWI conviction?
- Can I refuse to take a breathalyzer test?
- What happens if I get convicted of a DWI?
- Is a DWI conviction a felony?
- Can I get a privilege license with a DWI conviction?
- What is a DWI assessment?
The difference between a misdemeanor and a felony is the amount of time that a person could serve for the offense. Typically, a misdemeanor is punishable by, at most, a year in jail. A felony is punishable by at least a year in jail or more.
North Carolina law states that you lose your privilege to drive in NC for 30 days if you register .08 or higher in a breath or blood test. Depending on the number of prior convictions, the penalties could be more severe.
No one can forcibly require you to take a breathalyzer test. However there are stiff penalties if you choose to decline. Your license will automatically be revoked for 12 months, even if you are later found not guilty on a DWI charge. Further, the prosecution can use this evidence against you to claim “consciousness of guilt”. Of course, your defense attorney will be able to offer other reasons for your refusal. You must weigh carefully the consequences against the benefits when deciding to refuse the test.
You will have a hearing in court. The judge will hear from the police officer, the District Attorney, your counsel, and possibly from you. The judge will then decide whether to find you guilty. There are different levels of punishment for a DWI conviction. Level one is the most severe while level 5 is the most lenient.
Certain DWI’s are classified as a felony. If the DWI involves a death of a person, or if the person charged with a dwi is an habitual offender, it will be considered a felony.
Normally, you can get one that allows you the ability to drive from 6:00am – 8:00pm Monday through Friday. Barring any grossly aggravated factors, and meeting certain conditions (like attending alcohol classes), you might also be able to get non-standard work hour privileges to use during the year your license is revoked.
A DWI assessment is required for everyone who is convicted of a DWI in the state of North Carolina . The amount of classes you will have to take depends on the severity of your conviction.