A conviction for a DUI/DWI in North Carolina carries serious consequences. You could serve time in jail, be forced to pay a stiff fine, and lose your license for a considerable amount of time. Additionally, you face higher insurance premiums and your reputation being tarnished. At the Law Office of Anthony R. Morrow in Rutherfordton, we understand the turmoil a DWI arrest causes. We are prepared to deliver an aggressive defense to the charges and help mitigate the consequences.
Although forensic evidence of blood alcohol content (BAC) of 0.08 percent and above is compelling, the authorities don’t get the last word. An aggressive defense to DWI includes challenging the test results, based on the accuracy of the breathalyzer; the qualifications of the person running the test; and the chain of evidence of your samples. Depending on the circumstances, it might also be possible to challenge the basis for the traffic stop that led to your arrest.
However, in many cases, the BAC evidence proves insurmountable. It’s then our task to seek a sentence reduction by alerting the court to mitigating factors that argue for leniency. We actively pursue the least punitive options available, especially when there is a chance you might lose your license for any period of time. If the case results in a license suspension, we can help you obtain a restricted license that allows you to commute to work or school. If you suffered an administrative suspension of your license because you refused a roadside breath test, we can seek to have your license reinstated, depending on the facts of your refusal.
To help protect your rights in any encounter with police, we suggest you download and print the American Civil Liberties Union “bust card” and carry it with you always.
North Carolina courts look at mitigating factors, aggravating factors and grossly aggravating factors to decide the punishment for a DWI conviction. The grossly aggravating factors are:
The aggravating factors are:
The mitigating factors for a DWI are:
State law provides for five levels of punishment for a DUI/DWI offense, where Level 1 is the most severe and Level 5 is the least severe:
We argue persuasively drawing the court’s attention to mitigating factors, while rebutting the factual support for including aggravating and grossly aggravating factors in your sentencing discussion.
The Law Office of Anthony R. Morrow has the knowledge, skill and experience to deliver high-quality, determined criminal defense to clients charged with drunk driving. To schedule a free consultation, call us at 828-202-7965 or contact us online. We are located at 217 Gilkey School Road in Rutherfordton, off U.S. 221, but can come to you if circumstances require.