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What Types Of DWI Defense Do I Have Available For My DWI Case?


The first thing that you should understand about a DWI case is that being charged with driving while impaired is a criminal charge. As with all criminal charges, you may be facing serious penalties if you are found guilty of DWI in North Carolina. Penalties include but are not limited to suspension of your driving privileges, substantial fines, probation and, in some cases, a significant jail sentence. You can respond in many different ways to being charged with DWI; however, your best response is to hire an experienced DWI defense attorney.

Innocent Until Proven Guilty

As with any criminal charge, you must remember that you are innocent until proven guilty.  You do not have to prove that you are innocent.  The prosecution must prove the case against you beyond a reasonable doubt, so any DWI defense begins with the idea that we must closely examine and aggressively challenge the evidence that the government wants to use against you.

At this point, it is important that you make informed decisions about how to proceed with regard to your DWI defense.  At a consultation with an experienced Jacksonville DWI attorney, you will have the chance to go over the facts of your case and then gain an understanding of the law and how it might apply to your situation.  The criminal defense attorneys of The Trevor J. Avery Law Firm have years of experience successfully representing clients charged with DWI, and we can explain how various types of defenses could be applied to your case.

DWI Defense Options in North Carolina

In the most general terms, a DWI case can be attacked by questioning the evidence and creating reasonable doubt and also by reviewing the case closely to verify that all proper procedures have been followed and that the evidence has been collected without violating your Constitutional rights.  Lapses in proper procedure and un-Constitutional police actions can lead to the exclusion of evidence at trial.  Further, it is often possible to argue that just because the police had enough evidence to charge you with impaired driving does not mean that there is proof beyond a reasonable doubt to convict you of DWI.

The first place you can begin to create doubt is with the DWI arrest itself. A common DWI defense is attacking the probable cause for the traffic stop and the arrest. Your Fourth Amendment rights prevent you from unlawful/unreasonable searches and seizures. If the officer did not have a legitimate reason for the traffic stop but continued to administer a blood alcohol test in violation of your rights, any evidence obtained cannot be used against you in court as proof of your guilt.

Field sobriety tests are another area that is often open to scrutiny as a DWI defense. Officers use standardized field sobriety tests as a means to establish probable cause for a DWI arrest. However, many of these tests can result in false positives if the tests are performed inaccurately by the officer or the suspect has medical or other conditions that taint the results of the tests. A common DWI defense is to present experts to question the validity of the results as well as testify as to the inaccuracy of these tests.

Even if you take a blood alcohol test, the results are not always conclusive.  Particularly in cases involving a breath test (utilizing a machine called the “Intoximeter EC/IR II” in North Carolina), the reported blood alcohol content can vary significantly from test to test even when it is the same person being tested and the tests are only a minute or two apart.  Consequently, it is fair to say that just because you blow over the legal limit you are not automatically guilty, but rather the reported BAC from that breath test is only one piece of evidence that the court might consider in trying to determine the outcome of the case.

Other DWI Defense Options Will Depend on Your Specific Circumstances

There are many DWI defense options available to you depending on the fact and circumstances of your case. By hiring an experienced Jacksonville DWI attorney, you will increase your chances of receiving a more favorable outcome as opposed to trying to handle a DWI on your own. A DWI attorney can help you find the best approach to take when preparing your DWI defense. Do not trust your freedom to chance; contact our office today to discuss your DWI defense strategy.

Contact an Experienced Jacksonville DWI Attorney

“Attorneys Who Aggressively Protect Your Rights”

The Trevor J. Avery Law Firm, LLP is a full-service Jacksonville Criminal and Civil law firm that is committed to providing results-driven legal representation to businesses and individuals seeking an alternative to large-firm representation. We focus on getting you the results you want while offering you a cost-effective solution to your legal needs. We understand that we work for our clients; therefore; our attorneys communicate regularly with each client to ensure that the client knows what is going on with the case.

When you have legal problems, you need an experienced legal professional in your corner. Regardless of the type or complexity of the case, you should have an attorney working for you who knows the law and who has the experience to get results. We represent clients throughout Duplin County, Onslow County and the surrounding communities. Call our office at (910) 405-8459 or contact us online today for a free case evaluation.