Legal Question in DUI Law in North Carolina

First time offender, scared to death!

Hello,

Last night I was pulled over and made to perform sobriety tests. The officers asked if I had been drinking. I told them that I had 3 beers about 2 hours prior. They asked me to take a handheld breath test, but I refused. I was arrested and taken to jail. I blew a .09 at the station.

I was charged with DUI, No Operators License (I have a S.C. driver's license), and reckless driving (apparently because it was raining).

I'm really scared that my life is going to be ruined over this. North Carolina is notorious for severly punishing DUI's from what I've read.

My question is this: Is there any hope of leniency because this was a first offense, I have no criminal record and I just barely blew over the legal limit?


Asked on 3/29/05, 2:20 am

3 Answers from Attorneys

Marcus Hill Law Office of Marcus Hill

Re: First time offender, scared to death!

All things are possible, nothing is certain. I agree that you need good legal advice, and would be glad to go over your situation with you. A consult is free and takes about an hour.

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Answered on 3/30/05, 4:14 pm
Timothy Burch Burch Law Office

Re: First time offender, scared to death!

don't panic. You have a clean record and while you may feel like the weight of the judicial system is quite heavy at this particular moment, you'll get through it just fine. Without knowing anything about your situation other than what you have posted, I would bet that you will be eligible for the lowest level of punishment. My only specific advice is for you to strongly consider talking this over with an attorney. A knowledgeable attorney can walk you through the process and help you get the alcohol assessment that every person in your situation should have prior to your court date in order to mitigate the punishment under the rules that apply to DWI's. I practiced in Charlotte for a good number of years and I am happy to suggest a few names to you. Call Bill Powers at 704 347-0110 or Ed Ham at 704 344-8294. They are both great. Best of luck and don't get too down on yourself. You sound like you have learned a valuable lesson and no one got hurt.

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Answered on 3/29/05, 4:55 am
Timothy Burch Burch Law Office

Re: First time offender, scared to death!

don't panic. You have a clean record and while you may feel like the weight of the judicial system is quite heavy at this particular moment, you'll get through it just fine. Without knowing anything about your situation other than what you have posted, I would bet that you will be eligible for the lowest level of punishment. My only specific advice is for you to strongly consider talking this over with an attorney. A knowledgable attorney can walk you through the process and help you get the alcohol assessment that every person in your situation should have prior to your court date in order to mitigate the punishment under the rules that apply to DWI's. I practiced in Charlotte for a good number of years and I am happy to suggest a few names to you. Call Bill Powers at 704 347-0110 or Ed Ham at 704 344-8294. They are both great. Best of luck and don't get too down on yourself. You sound like you have learned a valuable lesson and no one got hurt.

Read more
Answered on 3/29/05, 5:00 am


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