A conviction for drunk driving in North Carolina, whether it’s called DUI, DWI, or simply drunk driving, has serious implications. It’s usual for folks to do this. “Is it possible to have my DUI reduced? Can my DWI charges be lowered or changed to something like reckless driving?” they might ask.
You call us if you have questions about a pending charge or are dealing with the consequences of a conviction, such as problems with your driver’s license or NCDMV issues.
It can be challenging to deal with criminal accusations on your own, whether for a major felony or a minor speeding ticket, especially if you are not familiar with the judicial system and how it operates.
Unfortunately, Googling DWI charges can sometimes lead to more questions than answers. You may feel overwhelmed with well-intentioned family and friends’ suggestions, such as:
“If they don’t read your Miranda rights, they have to drop the charges,” and other well-intentioned suggestions.
If I Have a Clean Record, Will the Prosecutor Dismiss my DWI Charges?
Having a clean permanent criminal record is advantageous. You should keep any traffic or criminal matter off your record if you can. Your North Carolina driver’s license (or any other state’s license for that matter) is valuable.
A clean driving record and the absence of any prior DWI or criminal convictions are usually not significant factors in deciding guilt or innocence. Previous convictions may be used to impeach a witness’s credibility during a trial.
If the DWI is charged as a felony and a fatality or serious bodily injury occurs due to impaired driving, prior offenses may be considered. A previous DWI conviction within a particular statutory term could also be considered a Grossly Aggravating Factor.
People frequently come to us seeking justice in their DWI cases. Even with a high blood alcohol percentage, they hope to have the charges dropped (BAC).
Even with felony charges, deferral options and other common plea bargains are frequently unavailable. In general, having a spotless record will not result in your DWI charges being dismissed.
The court will examine your good record, including no prior convictions and you end up being found guilty. If you are convicted, note that this is not the same as having your charges dismissed.
In some states or jurisdictions, a wet reckless is defined as a reckless driving crime that involves the consumption of alcoholic beverages. Even though it is a lesser crime than driving under the influence of alcohol, it is a more serious infraction than a careless driving conviction that does not involve alcohol. If this is your first arrest of DWI and you have mitigating circumstances, prosecutors may consider reducing your DWI to a wet reckless charge instead.
Unlike some states, North Carolina does not use the phrase DUI FIRST. By statute, there is no lesser included offense for driving while intoxicated. There is no such thing as a “wet reckless” driver for the state. Furthermore, under current legislation, if you are convicted of DWI in North Carolina, there is no way to have the conviction expunged or the arrest removed from the system.
Is it Possible to Have my DWI Reduced to Reckless Driving?
In North Carolina, there is no lesser included offense for driving while inebriated. DWI does not have reckless driving. As a result, careless driving charges are rarely used as a substitute for DWI accusations.
According to the NC General Assembly, charges cannot be dismissed “in the interests of justice,” according to the NC General Assembly. Sometimes a person gets charged with both DUI and dangerous driving. Criminal lawyers frequently encounter multiple charges in fact patterns such as DWI-related accidents and high-speed driving cases.
Defense attorneys examine the facts and events with great care.
Should I Go to Trial with my Case?
Defense lawyers who choose a career in Court (not all lawyers go to Court) are a fiercely competitive bunch.
Many attorneys enjoy litigating, arguing cases, and mucking things up in Court.
At the same time, this does not mean that they are successful in every circumstance. DWI accusations in North Carolina are complex and tough by their very nature. The decision to take a case necessitates meticulous attention to detail and thorough consideration.
In DWI legal counsel, there are no guarantees. Like prosecutors and the police who charged or detained the individual accused, defense lawyers have a task to do.
Contact Our Asheville DWI Defense Lawyers
Make contact with our seasoned DUI defense legal professionals. Making the right decision when selecting a DUI defense attorney can make or break a case. You may rely on our professionals to put up their best effort on your behalf. Call us at 828-759-5556 right away to schedule an appointment.