Attorney
Multiple convictions of driving while impaired (DWI) could lead to the felony charge of habitual DWI. The consequences are serious and could drastically affect your freedom, your finances, and your future for years to come. Do you have a possible legal defense if you have been charged with this offense?
It’s important to understand that regardless of the circumstances surrounding your arrest, being charged with a crime is not the same thing as a conviction. Find out why habitual DWI suspects in Columbus and Hendersonville, NC have a trusted legal ally in Sheffron Law.
What Is Habitual DWI?
Under NC law, driving while impaired is operating a motor vehicle while under the influence of drugs (Schedule I controlled substances) or alcohol (a blood alcohol concentration of 0.08 or higher, or 0.04 or higher for a CDL driver). Habitual DWI means driving while impaired and having three or more previous convictions for impaired driving in the preceding 10 years.
This means that prosecutors can charge a fourth offense as habitual DWI, which is a class F felony. It doesn’t matter whether the previous three convictions were in Columbus or Hendersonville, or elsewhere in the country. In other words, a conviction in another state for something that is similar to what North Carolina considers DWI will count as one of the three prior convictions.
What Are the Consequences of a Habitual DWI Conviction?
Although a first, second, or third DWI conviction is serious enough, a fourth – charged as a habitual DWI – could result in:
- 12 months in prison with no suspension or sentence reduction
- Permanent revocation of your driver’s license
- Forfeiture of your vehicle to the state, unless an exemption applies
- Required substance abuse treatment
- Significant fines
Whether you have already been convicted of three prior DWIs or this is your first charge, it’s important that you defend your record. Each DWI has its own set of punishments, which means a habitual DWI could impose new penalties on top of the old ones. Talk to our Columbus and Hendersonville criminal defense attorney right away.
How To Defend Yourself Against the Charges
The good news about your legal position is that it is up to the prosecution to prove the required elements of a habitual DWI beyond a reasonable doubt. This enables you to consider several defense strategies. Depending on the circumstances of your case, you may be able to argue one or more of the following points in your defense (among others):
- Lack of reasonable suspicion: Police cannot simply pull a vehicle over for no reason. They must observe behaviors that suggest a possible DWI, such as erratic driving or veering in and out of lanes. Without this or some other indication of driving while impaired, you can challenge the stop.
- Lack of probable cause: To arrest the driver (not merely stop them), the officer in Columbus or Hendersonville must have probable cause. This means that under the circumstances of the traffic stop, a reasonable person would believe you were driving impaired. If you exhibited no unusual behavior during the stop, like slurring your speech, you can challenge the arrest.
- Improper breathalyzer or field sobriety tests: Law enforcement must properly maintain and calibrate a breathalyzer device or it can give inaccurate results. Meanwhile, if the officer improperly administered the field sobriety tests (for instance, asking you to walk a straight line on an uneven road surface), you can contest the prosecution’s evidence.
The Difference of Experienced Legal Counsel
It’s important that you do not attempt to defend yourself against prosecutors, who understand the applicable statutes along with the relevant court procedures and rules of evidence. Without this experience, you will not be able to put forth your best defense. With an attorney, it may even be possible to negotiate reduced charges or to ask the court to dismiss the charges against you.
When you hire our firm to represent you, we immediately start investigating the state’s evidence, look for flaws and contradictions in their case, and work for the best possible outcome. Connect with Sheffron Law today to handle your Columbus or Hendersonville habitual DWI charge.