Adam Answers Your North Carolina DWI Questions
Adam Seifer, a founding partner at SeiferFlatow in Charlotte, NC, is a trusted DWI attorney recognized by the National Advocacy for DUI Defense and has an impressive track record for achieving results.
Adam has helped many by answering questions on Avvo, an online legal services marketplace that provides lawyer referrals and access to a database of legal information. Here is a round-up of some of the questions about DWI that Adam has answered:
Can I drive a car in the state of VA without an interlock device installed if I have an interlock restriction on my NC license?
If your license has that restriction on it, it’s is certainly possible an officer pulling you over in VA has no idea what that means or what to do with it or they could certainly charge you for a violation of license restriction. There’s no way to predict what an out-of-state officer will do, but technically you are only supposed to drive a vehicle equipped with that device. If you are under such a restriction, you are still at risk of receiving a violation, regardless of the state you are driving in
I was arrested for a DWI recently and I hold a CDL. Do I get to keep my CDL until I am convicted?
Upon being charged with DWI, if your BAC was over the legal limit, you face an immediate loss of CDL privileges for a year There is a way around that, but you would certainly need to hire an experienced DWI lawyer to do it because it requires going before a judge. If you are convicted, you lose all driving privileges, including CDL for a year. You could potentially lose your CDL privileges for up to 2 years. You should consult an experienced DWI lawyer ASAP, as there are time limitations in order to strike the initial year of CDL privilege loss.
How long can you continue a DUI court case in North Carolina? Is there a chance of the case being dismissed?
This depends on the facts of the case, who has continued it thus far, etc. You need to discuss these things with your lawyer. If you don’t have one, I recommend hiring one asap.
I have been asked by the defense lawyer to sign an affidavit rather than going to see a judge in a DUI case. Is this smart to do?
You definitely want to look into fighting this charge. There are many ways to cast doubt on a .08 if all else looks good. Consult an experienced Charlotte lawyer asap. The consequences are way too high to just roll over and plead with a .08 without at least exploring your options and potential defenses.
I got a DUI in NC and I live in SC, how does this affect me?
If your license is in SC, then only your NC privileges are suspended. However, if the charge gets reported back to SC, SC suspends your license for getting an out-of-state DWI. That’s how NC is. If you get a DWI in another state, you would be sentenced in that state. Once it gets reported back here, NC DMV suspends your NC license for a year for an out-of-state DWI. You may want to check with an SC lawyer regarding how the SC DMV will handle the NC conviction.
Is it possible to get out of a DWI if you were never read your rights?
You should consult an experienced Charlotte DWI lawyer ASAP to see what your defenses might be. The Miranda warnings are not an automatic get out of jail free card as a lot of people think they are. I have attached a link to a helpful video that discusses this issue. There are a lot of moving parts to DWIs. Talk to a lawyer ASAP.
I just got a DUI, it is my first offense. What kind of charges and penalties do you think I will be looking at?
You definitely want to talk to an attorney. There’s a lot at stake with a DWI conviction. It can affect your standing in the military. Chances are an attorney won’t be able to handle it without you being present in court as it is a non-waivable offense. Talk to a lawyer ASAP.
Contact Adam Today
Each DWI case is unique and requires a thorough examination of the evidence surrounding your arrest. It’s important for you to hire an experienced attorney that will investigate your case and help determine the best defense for you. Contact us today.