An arrest for driving while under the influence of alcohol or drugs is never something to take lightly. In the state of North Carolina, it’s especially important to secure legal counsel who can mount a defense and ensure the rights of the client are protected at all times. This is due to the specific types of punitive actions that can take place. Here are some of the reasons why having a DWI lawyer on hand matters.
Understanding the Basics That Apply to The Situation
North Carolina has what is known as an implied consent law. That means anyone driving in the state has already agreed to undergo a blood alcohol test by virtue of possessing a valid driver’s license. While the individual does still have the option to refuse to take the test, current laws allow for an automatic suspension of driving privileges for a full year. A lawyer can evaluate the evidence and determine if there was reasonable cause to pull the client over in the first place and possibly obtain a court order to overturn the suspension.
What About Aggravating Factors?
The overall punishment for driving while under the influence is predicated on more than the single event. Other factors provide the court with justification for imposing more severe actions. This is known as the application of aggravating factors.
An aggravating factor could be prior convictions for driving under the influence. Another example would be driving with a suspended license. Improperly passing a school bus would be another type of prior conviction that would be considered relevant to the current issue. If the individual was responsible for an accident that led to the injury or death of another person, that would also be a factor that the court would take into consideration. A lawyer can help the client understand how these types of events could make a difference in the outcome.
Mitigating factors could help the case of the client. Rest assured that the lawyer will seek to ensure the court is aware of these. A clean driving record, temporary impairment caused by taking the correct dose of a prescription medication, and even the willingness to undergo an assessment at a mental health facility could reduce the penalty.
If a DWI charge is pending, contact the Fanney Law Office today. After evaluating all relevant factors, the legal team will work to secure a better outcome for the client.