Criminal Law UpdatesA conviction for DWI in North Carolina can make it hard to drive to work and find affordable insurance. In some instances, entry of a 
judgment of guilt may result in probation, jail, and loss of your driver’s license as issued by NCDMV. It’s, therefore, understandable people want to know, “Can I get my DWI charge reduced to reckless endangerment or reckless driving?
If you have been charged with DWI in Durham, an experienced defense lawyer can help explain your legal rights and options. DWI charges tend to be complicated, intricate legal matters. We think it helps to have a lawyer literally standing by your side in court, looking out for you and your best interests.
Criminal defense attorneys regularly review police reports, body cameras, and dashcam videos in preparing a defense to DWI charges. That’s all part of answering allegations of impaired driving.
Legal issues involving Probable Cause to Arrest in NC and Reasonable Suspicion to Stop can be dispositive. It’s worth taking the time to review performance on field sobriety tests and what took place prior to the arrest – Cole Williams, Durham DWI Defense Lawyer
Can NCDMV revoke my license?
It’s important to understand no two cases are exactly the same. There are a lot of moving parts.
That’s particularly true with NCDMV driver’s license issues and DWI charges. Many arrests result in an immediate 30-day revocation, but that does not occur in every circumstance.
Factors DWI defense lawyers consider include things like:
- Did you blow?
- How many readings were there on the EC/IR II?
- Was the reading from the breath test a .08 or higher?
- Did you refuse to give a breath sample?
- Were you marked down as a Willful Refusal?
- Did you provide a blood sample?
- Has the blood been tested?
- Have the results from the blood test been provided?
- Was the blood test reading a .08 or higher?
- Do you drive a truck for a living?
- Do you have a CDL license?
There are very good reasons to go through each and every question with your DWI defense lawyer. Your driver’s license, whether issued by NCDMV or some other state Department of Motor Vehicles or Division DMV, is incredibly valuable.
Sometimes it’s not until a license is revoked that clients realize how important a license can be to working and providing for your family. DWI charges can put your license in jeopardy – Cole Williams, Durham DUI Defense Attorney
The NC DWI laws provide for several different ways for DWI charges in NC to result in a revocation or suspension, as the case may be. If you blew a .08 or higher on the evidentiary breath testing machine or willfully refused to provide a breath or blood sample, there is a good chance of a license suspension or revocation.
Will they reduce my charges if I have a clean record?
That’s a normal and understandable question. No one wants to be convicted of “drunk driving” or another criminal charge for that matter.
A perfect driving record or lack of a prior conviction for DWI, while admirable, is not ordinarily a legal basis to get DWI charges reduced to reckless driving or for dismissal.
That is a common misconception. Some states do allow for reductions to things like “wet reckless.” North Carolina does not. Reckless endangerment and reckless driving are not a lesser include offense of DWI in NC.
Friends and family, as well-meaning as they may be, do not always fully understand the law. There also is a lot of incorrect information out there if you Google DWI charges.
DWI defense lawyers are used to explaining some of the incorrect assumptions people have about DWI charges, like:
- “Your charges will be dismissed if they didn’t read you your Miranda rights”
- “You can get your charges reduced to reckless if you were nice to the officer”
- “You can do Deferred Prosecution for a dismissal of a DWI”
- “You can get your DWI expunged after three years”
As stated, DWI charges are complicated and frankly sometimes frustrating. We strongly recommend anyone who has been arrested for DWI in Durham or who faces allegations of impaired driving immediately consult with legal counsel.
A clean record is helpful if you are convicted of DWI in North Carolina. In fact, it may in appropriate circumstances be considered at sentencing and may qualify as a Mitigating Factor.
At sentencing for DWI, the Court conducts a formal sentencing hearing where Mitigating Factors, Aggravating Factors, and Grossly Aggravating Factors are considered.
Durham DWI Defense Lawyer – Cole Williams
We help people charged with DWI in Durham. If you have questions about obtaining a Limited Driving Privilege or “hardship license,” NCDMV issues, or other legal issues for felony or misdemeanor charges in Durham NC, call now to schedule a consultation.
Cole Williams helps people with:
- Felony DWI charges
- Felony Death by Vehicle
- Misdemeanor Accusations
- Misdemeanor Death by Vehicle
- Reckless Driving
- Careless Driving
- Traffic Tickets
- Drug Charges