Dear Reader,
Being arrested for a DWI is stressful. For many people, it is their first contact with the criminal court system. When clients come to us they are scared of many things like
feeling overwhelmed by the court system and complicated DWI laws
losing their driver’s license,
embarrassment about being arrested,
how much money this will cost,
going to jail,
losing their job
If you share any of these concerns, you are not alone. Driving While Impaired is a VERY common type of case. The US Department of Transportation reported that in 2010 1.4 million Americans were charged with DWI. That does not mean that it is a minor problem or create an excuse for driving while impaired but it means that there are probably other people in your life dealing with the SAME problem as YOU, even if they aren’t talking about it publicly.
This is the type of situation that many people feel uncomfortable discussing with family, friends or coworkers. That means that it can feel harder to get the information you need to get started hiring a criminal defense lawyer and moving forward with resolving your case. That is why we have created this report. We want to make the first step in learning about your case feel very easy.
Congratulations on being proactive with your case!
Don’t just read this guide and forget about it. Take the opportunity to keep up the good momentum you’ve created. This guide will help educate you about how the system works, what an attorney can and can’t do for you and most importantly, what to look for when hiring the attorney you want to work with in your case. Rather than continuing to click around on the internet reading bits and pieces of advice, you have chosen this comprehensive guide to getting started and will have the information you need to discuss your case with an attorney.
David (name changed for privacy) hired us to handle his DWI case feeling intimidated about the whole process. English was his second language and he knew little about how the criminal courts worked because he had never been in legal trouble.
The night the police arrested him, David was riding in his own vehicle and an acquaintance was driving. When the driver ran off the road and into a pole, he fled the scene. David was arrested nearly a mile away as he walked to get help. Although he said he was not driving, he was arrested as the owner of the car and because he had the keys. At the jail his blood alcohol content (BAC) was over the .08 limit.
My investigation showed that the officer had made crucial mistakes in the case. The officer had not seen who was operating the car and did acknowledge that he heard David say someone else was driving. He arrested David anyway because he didn’t believe his story.
David and I worked together to prepare for a trial in the case. We successfully got his case dismissed following a trial because the prosecutor did not have enough evidence to convict him of DWI. David refused to let his fear of the system and lack of knowledge force him to accept a criminal conviction when the state did not have enough evidence. David could have allowed these obstacles to overwhelm him into not taking strong action. Instead, he reached out, hired a knowledgeable attorney and worked with his legal team to challenge the charge.
This is one of hundreds of cases that we have handled as Greensboro DWI lawyers. Every case is different and this example does not predict the outcome of your case. David’s case shows the power of working TOGETHER with experienced Greensboro attorneys for the best possible outcome.
You Have the Power to be an Important Member of Your Legal Team
(Even If You Didn’t Take the Bar Exam!)
We take a TEAM approach to legal representation. We work with our legal support team and clients to craft a custom plan for handling each case. Because we consider our clients to be crucial members of our TEAM, we value educating our clients, encouraging questions and have created a customized system of Comprehensive DWI Representation to better serve you.
Read through the guide before you even step foot in a lawyer’s office for your first meeting. Then we invite you to call or text us for a FREE Case Evaluation appointment to take control of your case and learn more about our Comprehensive DWI Representation.
Sincerely,
Brennan Aberle and Julie Wall
Give us a call or text 336-802-1090 to schedule your DWI Case Assessment and receive a FREE Case Evaluation. We look forward to your questions about this guide and talking to you about your specific case.
The Truth About DWI Cases in North Carolina
MYTH: A DWI conviction in North Carolina will ruin your life. You will lose your job and may even have to go to jail.
TRUTH: For many people, they assume the worst when charged with DWI. While there is not one answer that applies to every case, it is the minority of cases that result in someone losing their job or serving jail time. Before you worry yourself unnecessarily, talk to a lawyer about your facts. You may be making things much worse in your head than they will be in reality.
In many cases, jail can be avoided. Even in more severe cases there may be an alternative to jail time such as in-patient substance abuse treatment. Before you lose sleep at night worrying about your DWI resulting in jail time, talk to an attorney who is experienced in DWI defense about the details of YOUR case and find out what the options look like for you.
Additionally, any time someone is convicted of DWI in North Carolina, their license is revoked for at least one year. In many cases, it is possible to petition the court for a limited driving privilege. This privilege can make the difference between not driving for a year and being able to drive for work, to take your children to school, to attend religious services and even the doctor’s office or grocery store.
Everyone is not automatically eligible for a limited driving privilege. It is a separate process that your DWI lawyer will have to request from the court. There are additional challenges in cases where the Blood Alcohol Content (BAC) is .15 or higher. In that case you will need a machine called an Ignition Interlock installed in your vehicle before you can ask the court for a limited driving privilege. In these high BAC cases, there is also a 45 day waiting period after the case is finished before the court can even consider a request for driving privileges.
We live in a very car-dependant country and most areas in North Carolina have limited access to public transportation. If you live outside Greensboro or High Point, you may not have any access to busses. That means that your whole life can be affected if you cannot drive.
The option of a limited driving privilege can be wonderful news to many people. Mark, one of my prior clients, owned his own private limousine business. His ability to drive was going to make or break his ability to continue to operate his business. The nature of his job meant that his busiest times were nights and weekends. He also never knew what time his job would end at night since each customer had specific needs.
Another big concern for Mike was that he was a divorced father of two young children and had shared custody with his ex-wife. He needed to be able to drive when his children were with him to take them to school, to activities and daily activities. After his conviction for DWI, I was able to successfully ask the judge to grant him special limited privilege hours beyond standard days and times. He was able to drive at any time, day or night and on the weekends. Those extended hours and days saved his business and he was able to continue life as normal with his children.
We were able to avoid financial and family hardships that his DWI could have caused. He felt such relief after his case was finished and he was able to move forward. After he drove with his limited driving privilege for a year, he was able to get his regular driver’s license back with no restrictions and put his case behind him. Knowing how much was on the line for Mike made it very important for us to carefully consider all of the
MYTH: Since this is my first offense, a lawyer can just negotiate with the prosecutor to get my DWI reduced to something less serious.
TRUTH: In North Carolina, the DWI laws are very strict. Even if it is your first offense, you will not be able to get it simply negotiated to a lower charge because you have a clean record. That means that any time someone is charged with Driving While Impaired they need to be prepared for the prosecutor to aggressively work for a conviction for DWI.
Simply hoping that there is a loophole or alternative for first offenders is an uninformed and naive approach that will get you nowhere. That means that if you are charged with DWI, hiring an attorney who knows DWI law, investigates your case thoroughly and works with you to achieve the best possible outcome is crucial.
MYTH: It’s always best to refuse to blow into the breath-test machine/breathalyzer at the jail.
TRUTH: Refusing to provide a breath sample at the jail will have the immediate result of a one year revocation or suspension of your license. Also, if you try to blow into the machine and the test doesn't register your attempts, you can also be considered to have “refused” the test and face the same one year revocation of your license.
This revocation is separate from the one that happens at the time someone is convicted of or pleads guilty to DWI. A refusal case means that your license is suspended for one year simply because you refused, not on your guilt or innocence.
Also, this question refers only to the breath test at the jail after you are arrested, not the Portable Breath Test (PBT) that some officers use on the roadside. This breath test and the other Field Sobriety Tests (FSTs) are optional and there are no penalties for refusing an officer’s request to perform the Portable Breath Test, Horizontal Gaze Nastagmus test, Walk and Turn test, One Leg Stand test or any other similar test.
What, if anything, can be done about this revocation based on a refusal? Because the standard for this test is your “willful” or intentional refusal, if you specifically said that you would not take the test at the jail, there is most likely nothing that can be done to challenge the refusal. Your words served as an intentional refusal and the one year revocation will be placed on your license. In this case, a limited driving privilege option may be available and you would need to discuss with your lawyer if and when you may qualify to ask the court to consider this petition.
If, however, you tried to provide a breath sample and a medical issue or some other problem prevented the machine from registering your effort, you may have a basis to file an appeal and request a hearing with the DMV to reverse the revocation based on a non-willful refusal.
Filing a notice of appeal and requesting a DMV hearing can result in a successful reversal of the revocation for refusing to blow into the test at the jail but timing is everything. Your appeal must be filed early in the case or you lose your ability to challenge and are stuck with it. Like many processes in the courts, you may have a great case for an appeal, but if you miss the filing deadline, you lose the chance to have your case heard.
Recently I represented Richard (name changed for privacy) in a DWI charge. Richard had serious health issues including advanced emphysema and although he tried to provide a breath sample, was never able to blow strong enough for the machine to register his efforts. His case would have been perfect for appeal because he was on several medications for his breathing and his medical problems were well documented. Unfortunately, he hired me very close to his first court date and it was too late to file the appeal to the DMV. Although I believed we would have had a good chance at getting his revocation set aside, Richard had lost that possibility by waiting.
This early filing deadline is a reason to hire a knowledgeable attorney early in your case and talk about all of the parts of your case. Don't wait or you may miss your appeal chance completely!
MYTH: I blew a .08 (or higher) so I’m obviously guilty. I don’t need a lawyer and can just represent myself.
TRUTH: We get this question from some people who believe that there is no option available once the breath test registers over the limit of .08. That thinking ignores many of the details that experienced DWI attorneys look for in evaluating cases. It is important that you don't assume that you can handle your case without an attorney. In many cases, the quality of the evidence, type of testimony by the officer or even the video evidence that may have been recorded by the officer can spell the difference between a guilty and a not guilty.
Without an attorney on your side, you are simply accepting that the Assistant District Attorney will have an advantage and you are choosing to be at his or her mercy. They are working for your opponent and do not have any motivation to look out for you as a defendant! Do not believe that they will simply be kind or feel sorry for you. Their job is to be your opponent!
The fact that you are reading this guide means that you are not willing to simply go into court blindly and accept your “fate” without information, understanding, knowledge and a lawyer on your side.
Here is a list of many things a knowledgeable attorney can do in your case.
Interview Client About Facts of Case
Educate Client about factors at play in their case
Inform client of potential consequences
Collect information and evidence against client and analyze its impact on case
Educate Client about Mitigating Factors
Provide Assistance to Client in preparing for Court Date
Interview Witnesses
Analyze the Legal Issues Such as Violations of Constitutional Rights or Suppression of Evidence
Research any applicable case law relevant to the case
Attend Court and Continue Case when Needed
Collect any Supporting Documents for Mitigating Factors to Help Reduce the Client’s Punishment Level at Sentencing
Meet with and Prepare Client for Trial and/or Sentencing Date
Argue Pre-Trial Motions If Available
Fight the charges at trial
Analyze the District Court’s Ruling in the Case and Advise the Client on Whether an Appeal to Superior Court is Recommended
Provide the Client with a Written List of All Required Actions Ordered by the Judge
Follow up with you One Year After the Case is Resolved with Instructions to Help Client Finish the Last Steps of Resolving the Case
Because each case is different we evaluate the specific facts, details and evidence Aberle and Wall to create a DWI custom case plan and timeline for each client.
MYTH: Even if I am convicted of DWI, it will only stay on my record for three years.
TRUTH: Unfortunately, any time you are convicted of or plead guilty to a DWI in North Carolina, it shows up on your criminal record and will be there permanently. It is not possible to get a conviction for DWI removed from your criminal record but the charge can be removed if you are found not guilty or your case is dismissed.
That means that a DWI case will be with you for life in most situations and you should not take it lightly.
Insurance points or Safe Driver Incentive Points (SDIP) in North Carolina will apply to you if you are convicted of DWI and cause your insurance to go up to an elevated rate for three years. After that, the points will go away. This system is why many people mistakenly believe that their DWI will come off their “record” after a few years. It will always be on your criminal record and driving history but only affect your insurance rates for three years.
MYTH: I blew a .08 or higher at the jail and the magistrate took my driver’s license. I can’t drive at all even if my case is not finished
TRUTH: If you blow a .08 or higher at the jail, the magistrate will take your driver’s license on the spot and the DMV will revoke your privilege to drive for 30 days. This is called a Civil Revocation and happens before your case is even in court for the first court date. A Civil Revocation is automatic if your blood alcohol level is over the legal limit and does not have anything to do with whether the State of North Carolina can prove the case against you.
The 30 day Civil Revocation doesn't necessarily mean that you will not be able to drive during that time at all. There is a Pre-Trial Limited Driving Privilege available in many cases that can get you back on the road driving legally after a 10 day waiting period. This privilege can be crucial for many people and is a valuable tool that attorneys can use to maximize the options and rights available to our clients.
Since this privilege is available so early in the case, it is crucial that you do not delay in hiring an attorney for your case. If you wait until right before your court date you may miss out on weeks of driving that could be granted by a judge to help you continue your life as normally as possible.
MYTH: If I blow lower than .08 Blood Alcohol Content (BAC), I can’t be convicted of DWI.
TRUTH: This is one of the most frequently misunderstood parts of North Carolina DWI law. In order for you to be convicted of DWI, the state must show that you were driving while “under the influence of an impairing substance”, or after taking any drug containing opium or opiate derivatives, or with a BAC of .08 or higher. That means that I have seen cases where my clients were charged with DWI when they blew a .07, were under the influence of legally prescribed drugs like oxycodone, or were under the influence of other illegal or legal drugs.
These cases are treated just like all other DWI cases and the same laws apply. In cases where drug use is suspected, a blood test may be used. In cases of a BAC below .08, the prosecutor will not automatically dismiss the case just because the number is below the legal limit. If the evidence can show that at the time of driving the BAC was higher, that could be enough for a conviction of DWI even if the test results were below the .08 limit. These issues are not immediately obvious to many people and are often the ones where I get the most questions.
What Questions Should You Ask an Attorney?
How Long Will My Case Take to Get Finished?
When we meet with many people for their Case Evaluation Meeting, we find that they are hopeful that their case will get resolved very quickly. Unfortunately, they are disappointed to find out that DWI cases generally take between 6 months and a year to resolve. Cases that involve suspicion of drugs and where a blood test is being performed take EVEN LONGER due to backlogs with the laboratories and can even take as long as TWO YEARS!
It is even impossible to resolve your DWI case on its first date in court. That date is an administrative court date that happens in a courtroom designed just to advise people of their rights when charged with a crime and DWI cases do not get finished there. Also, there are many parts to preparing a DWI case and the timeline necessary to get everything in order can vary. We would say that most cases we handle are resolved within 6-8 months.
The timeline for each case is something that we set out when Aberle and Wall is hired to represent each client and we prepare a custom case plan.
What is the Difference Between a Charge and a Conviction?
A charge is the case that is brought against you or the allegation of a crime. It means that you have been arrested for DWI but your case is not finished and your guilt or innocence has not yet been established. This is a phase that lasts for several months and on average takes 6-8 months before the final stage of a case.
A conviction means that you either entered a guilty plea to your case or were found guilty after a trial on your case. This is the point when the case is finished. A case either results in a conviction, finding of not guilty at a successful trial or a dismissal in rare cases.
Both a charge and conviction will show up on your criminal record. The charge is there from the time you are arrested until there is some resolution of your case. If you have been convicted of DWI in the past, the prosecutor and a judge will know this and it could have VERY negative results on your new case. If you have had a prior DWI conviction in the last 7 years, you will have to go to jail.
Call or text us at 336-802-1090 if you have additional questions about your Greensboro DWI case. We would love to hear from you and your questions may help us improve this guide for future clients like you!
How Comprehensive DWI Representation Works
What to Expect in Your Initial Meeting and Case Evaluation
When you call our office we immediately schedule a 20 minute Free Case Evaluation meeting. During that meeting you will meet with Julie Wall or Brennan Aberle to review the specific facts of your case. They will talk with you about the factors that are the most important for you and what your options look like.
While it is impossible in the first meeting to give a definite prediction of the outcome, Julie and Brennan will talk about best case and worst case scenarios, explain the DWI case resolution process, and highlight the potential punishments the judge could give you if you are convicted.
We recognize the financial burden that a DWI can be and we want our clients to be fully informed of all projected costs at the outset. Julie and Brennan will discuss the attorney fee, outline an estimate of court costs and fees that the court will charge.
Legal Work
Comprehensive DWI Representation Service: What is included?
Custom Case Plan
Because each case is different, Aberle and Wall evaluates each case and creates a custom case plan. This plan outlines the expected timeline for resolving your case, the work you need to do to help position your case in the best light possible, and a forecast of what to expect as your case progresses through the system with our help.
2.Investigation of Case and Collecting Evidence Against You
One of the most important parts of your case is the investigation stage. We will meet with the officer who arrested you and review any written reports and watch any videos from the arrest. This is the evidence that we will evaluate to help you decide the path you will choose for your case.
Some investigations result in suppression motions being filed to keep evidence from ever being presented to a judge during trial. Some investigations reveal that the state does not have some essential evidence to convict someone of DWI. Other investigations reveal that the officer followed all laws, regulations and procedures and there are simply no defenses available. In those cases, we use a “damage control” approach and work together to minimize the punishment and improve your case before a judge even has a chance to see it.
3. Mitigating Factors Preparation
Although it may be surprising, there are some things that you can do between your arrest and the final court date that can improve your case. We look at your case and help determine what things you need to do to mitigate or reduce your punishment from a judge. Then we set out a plan to assist you in getting those steps accomplished with minimal stress and difficulty.
4. Trial Preparation or Plea Preparation
Depending on the results of the investigation and evidence collection process, your attorneys at Aberle and Wall may prepare for a trial in your case or for a guilty plea. In a trial preparation situation, we prepare both for the best and worst case scenarios. In a guilty plea case, we work hard to do “damage control” to get you through the process with the best possible results.
5. Post Case Guidance
After your case has been resolved by either a trial or a guilty plea, we continue to advise our clients. You will get an immediate summary and discussion of the judge’s actions at court, followed by a letter including those details that you can review in the future. Also, we pride ourselves on our continued client service for things such as our one-year notice letter that is sent out before your revocation is lifted. This letter helps remind you of the earliest date you can get your license back from the NC DMV and what you need to take and pay to get it back. Additionally, we discuss car insurance increases and options for coverage after your conviction.
Our Values
We work with you from start to finish to smooth the bumps in the process that can happen with any DWI case. It is part of our firm’s values to make a stressful and scary process as easy as possible and to exceed your expectations as attorneys. Our focus is on excellent legal work, educating our clients and working together to get you the best possible outcome with your custom needs in mind. We look forward to working with you so that you can put your case behind you and move forward with your life.
Reviews
The two attorneys at this firm are top flight, fearless litigators. Brennan has a zealousness and level of acumen that means anyone who hires him will be in more than capable hands. His knowledge of criminal law and procedure is deep and constantly expanding. And Julie has a long track record of getting good results for her clients. I first met Julie years ago when she was working at a firm and I found her to be one of the most trustworthy and professional lawyers I dealt with. I was thrilled to see her open her own practice and now teaming up with Brennan is the latest and greatest chapter yet. Julie speaks Spanish and has experience in a variety of civil cases which makes her particularly conscious of issues that her clients may not even contemplate. All in all, if one goes to this firm for services they would be making a wise choice. -- John O’Neal (fellow Greensboro attorney)
Julie Wall is very professional and takes the time to really learn her client’s case and gives you the personal comfort in putting your mind at ease that she is on top of her game and will not gamble with her client’s future! -- N. Brown
The entire process of navigating the legal system can be overwhelming and convoluted and it's easy for people to get taken advantage of if they don't have an incredible understanding of the intricacies of this system. If things don't go your way the results can be detrimental and life-long. If you understand that, you should also understand the importance of having the best representation available to help you get the best possible outcome. Brennan is literally the only attorney I would recommend to someone I care about. I don't know any other way to say it. His knowledge of law, sensibility, rapport within the system, humility and overall likeability are things I saw repeatedly in my 4 or 5 interactions with him while he handled my issue. You can't put a price on peace of mind, and I think the value of having Mr. Aberle far outweighs the cost... But even still, he made it a point to remind me that he would work with me in any way necessary(regarding money) and to worry about getting the best outcome first. -- Pete
I unfortunately got into a little trouble, I decided to hire Julie which was a great decision. She handled my case with a great deal of professionalism and in turn she was able to help get the charge dropped and dismissed. Her legal secretary Carolina was also outstanding as well. If you need someone talented & confident I would highly recommend her. Thanks again Julie!
-- Jay
Brennan Aberle went above and beyond while handling my case. He took a personal interest in my well being, even going as far as working out payment arrangements that fit my budget. The outcome of my case was better than I could've ever hoped for and I know I would not have received the same compassion anywhere else. When I needed someone the most, Brennan Alberle was there. Highly suggested for civil or criminal court. -- Bryan
This report is not intended to serve as legal advice and does not establish the attorney/client relationship. It is intended to serve only as information to assist those with questions about Driving While Impaired cases in North Carolina. Any reference to prior case results or client situations are not indicative of future outcomes or guarantees of similar results. Those wishing to establish an attorney/client relationship with Aberle and Wall must first begin by contacting the office to schedule a consultation to discuss the specific facts of their case.