DUI Dismissed is First Priority | Charlotte DWI Attorney

Because DWI is so serious, everyone just wants it to go away. Rather, they want their DUI dismissed if at all possible. While North Carolina DWI laws are very tough, that is our first priority as well.

DUI Dismissed is the goal but hard to get in NC

Although every police car in the country has video cameras, only South Carolina has mandatory video recording laws. So what does this mean to you? Even though police have cameras, they don’t have to record anything. Rather, video seems to be for protection against lawsuits versus preserving evidence. However, isn’t the burden of proof always on the State? And if they have to prove you guilty beyond a reasonable doubt, shouldn’t they have to present video evidence? Surprisingly, even in the age of video everywhere, the State still relies on police officer testimony. Unfortunately, until juries start demanding more, that seems to be enough for now. But we as citizens should expect more to convict in a criminal case.

Because NC DWI laws are so rigged in favor of the State, getting a DUI dismissed is very hard. In fact, the only real strategy is to fight the reason for stop and/or probable cause to arrest. And even those legal issues are difficult after recent case law. So in many cases, the best strategy is to try to mitigate or minimize the harm.

So how do you mitigate a NC DWI?

Once we evaluate whether the State has a case, we next turn to getting the best punishment level we can. So what can you do here? First, we recommend a substance abuse assessment and recommended counseling. Because you will have to do this anyway, it is best to complete before your plea. Rather than have to do community service and counseling, it is easier to just have one left to do. In addition, the judge will count it as a mitigator in sentencing. As a result, if you have any aggravators, this will offset them. Furthermore, it will help you time wise as you only have 30-60 days usually to finish everything. Consequently, it is a “two bird” situation. And in the end, it can lower the number of community service hours as well as your fine.

Alcohol Addiction and DUI | Charlotte DWI Attorney

Because addiction is real, some folks want to know about alcohol addiction and DUI. For example, many ask if addiction is a legal defense? While courts may feel for people with addiction issues, it is not a defense.

Alcohol Addiction and DUI

While some folks may drink on occasion, others drink everyday. And still others drink themselves out of marriages, jobs, and even their homes. Consequently, we know alcohol addiction and DUI often go hand in hand. In addition, we also know no one likes alcohol to the point where they lose everything. Rather, anyone who works with alcoholics will tell you they will drink everyday until they die. So why is alcohol addiction not a defense to DUI? Because intent is not an element of a DUI charge. Even if someone puts something in your drink is not a defense in a DUI arrest. Instead, the law only requires that you are behind the wheel driving while impaired.

Because addiction is real, we have many clients with serious drinking problems. In fact, some have come to us more than once for DWI. While we feel for them personally, we stress that eventually they are going to hurt themselves or someone else. In addition, they will eventually go to jail or even prison if they don’t get help. So as we deal with their criminal case, we also try to help them with their addiction issues as well.

Inpatient Rehab or Private Counseling

Certainly, we are big fans of Alcoholics Anonymous and other support groups. However, for people fighting true addiction issues, we believe they first need intense counseling and maybe even hospitalization. While many think drinking is “all in your head,” there are also physical issues as well. Perhaps one day there will be a medical cure for alcohol addiction. But for now, it will continue to be a daily, even hourly, struggle for those who suffer from addiction.

Police DUI | Charlotte DWI Attorney

Police on the Receiving End of a DUI

We may think of officers as “above the law”. However, that is not true. Police officers are supposed to follow the law just like any other person. In fact, they face even stricter penalties for breaking certain laws. Because of their job as enforcers of the law, police hold themselves to a high ethical standard. So, what happens if an officer receives a police DUI?

First and foremost, police officers should receive the same penalties as everyone else. As a result, the punishment usually depends on the circumstances surrounding the police DUI just like the rest of us. For example, was it a first offense? In addition, were others involved in an accident? However, no matter what, an officer will not face a different charge than any other person. That’s the way it’s supposed to be. No better. No worse.

Now, there is some controversy over “badging out” an arrest. Usually an officer under the influence knows the fellow officer and asks for special treatment. Other times, they may “bully” or shame the other officer to get out of it. For example, in 2015 an officer in Casper, WY gave special treatment to a fellow officer’s girlfriend. As a result, these are always nasty situations that can often lead to even more trouble.

On-Duty vs. Off-Duty Police DUI

The most serious penalties arise when an officer is charged with a police DUI while on duty. Generally, drinking on duty is grounds to revoke an officer’s employment contract. Most of the time, officers resign when discovered that they drank and then drove on the job. After all, they set the example for the rest of us. Better to be safe than sorry. An ounce of prevention. Do as I say, not as I do. And so on.

On the other hand, an off-duty police DUI is more complicated. Often, a first offense usually won’t put an officer’s job in danger. Thus, if the offending officer accepts responsibility and follows up with rehabilitation, they can stay on the force. However, punishments differ from state to state. In the end, every situation is different and outcome depends on individual facts. But if convicted, judges tend to hold police officers to a higher standard. Consequently, they may order the maximum punishment as a form of deterrent to other officers. So follow the rules please. Onward and upward.