first time dwi in north carolina. please read.

[steve117]

What is the name of your state (only U.S. law)? North Carolina

A buddy of mine got pulled over friday night at 3am. he is 21. he was driving another friends truck who had just gotten back from afghanistan. the cop informed him that he had not pulled him over for a motion violation, but rather the tags on the truck were expired. there was a extension on paper from the DMV in the truck but he did not know of this. he had a few beers much earlier with dinner (6pm approximately) as a welcome back celebration for his friend, and felt fine and honestly thought the alcohol had worn off completely. the cop said his eyes were a little red and wanted to field test him. he passed the tests but the cop wanted to breathylize him. he failed and was placed uner arrest. the truck was left on the roadside. he was brought back to the station and blew a .10 on the first test and the second test couldnt give a reading as my buddy was having trouble with breathing/anxiety. the cop informed him that although he was complient with him in every way that he would not administer any more tests. the officer did repeat to all personal that he was complient, if that has any weight. his liscence was temporarily revoked and courtdate set for january. he was released a few hours later to his friend. the person is a marine that is supposed to be deploying too afghanistan soon and is trying to figure out what his chances are of beating this or what his outcome looks like all together, so he can plan accordingly. he also has called a lawyer that was recomended by a police officer he knows and is waiting to meet with the lawyer in a week. my buddy is a nervous wreck and any information would help him. if there are any other details missing do let me know. cost of dwi sentance, and approx cost of lawyer would be appreciated, any info that someone new completely could use would help. my buddy had a spotless legal record and driving record. hes never been to a police station and never been pulled over! one night can change everything. any input is very much so appreciated.What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?

 

[Ohiogal]

He is looking at losing his license. How that affects him being deployed is up to the military. He is also going to be sentenced to 48 hours or so in jail -- he may be able to complete an alternative sentencing program. If he tested at .10 I can pretty much state that he did NOT pass his field tests.

 

[FlyingRon]

Well I'm not sure the military will deploy anybody with pending criminal charges nor after convicted during any period of probation.

Everybody thinks they passed the FST.

First offense with a clean record probably going to run $400 in fines and costs, $75 for ADET, impound fees if that happened, probation fees if he is given probation. Expect a lawyer to run over a grand.

 

[chetsonlaw]

What is the name of your state (only U.S. law)? North Carolina

A buddy of mine got pulled over friday night at 3am. he is 21. he was driving another friends truck who had just gotten back from afghanistan. the cop informed him that he had not pulled him over for a motion violation, but rather the tags on the truck were expired. there was a extension on paper from the DMV in the truck but he did not know of this. he had a few beers much earlier with dinner (6pm approximately) as a welcome back celebration for his friend, and felt fine and honestly thought the alcohol had worn off completely. the cop said his eyes were a little red and wanted to field test him. he passed the tests but the cop wanted to breathylize him. he failed and was placed uner arrest. the truck was left on the roadside. he was brought back to the station and blew a .10 on the first test and the second test couldnt give a reading as my buddy was having trouble with breathing/anxiety. the cop informed him that although he was complient with him in every way that he would not administer any more tests. the officer did repeat to all personal that he was complient, if that has any weight. his liscence was temporarily revoked and courtdate set for january. he was released a few hours later to his friend. the person is a marine that is supposed to be deploying too afghanistan soon and is trying to figure out what his chances are of beating this or what his outcome looks like all together, so he can plan accordingly. he also has called a lawyer that was recomended by a police officer he knows and is waiting to meet with the lawyer in a week. my buddy is a nervous wreck and any information would help him. if there are any other details missing do let me know. cost of dwi sentance, and approx cost of lawyer would be appreciated, any info that someone new completely could use would help. my buddy had a spotless legal record and driving record. hes never been to a police station and never been pulled over! one night can change everything. any input is very much so appreciated.What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?

I practice DUI/DWI law in the Raleigh, NC area. First, your buddy should contact a DUI/DWI lawyer as soon as possible. In NC, you can apply to have the automatic 30 day suspension lifted, but you must act within 10 days.

Your buddy should get an alcohol assessment. There are many such services in the Raleigh, Durham, area. I assume your buddy is in Fayetteville. There are probably quite a few there as well.

Ask them to give him an "alcohol assessment". It costs $100. It's required to get the temporary suspension lifted. It's also good to have for later purposes - trial, if he pleads guilty.

Second, find a lawyer who is willing to go to Superior Court trial on this offense. It sounds like there is an issue involving the stop. If the stop wasn't valid, then the rest of it was not valid.

Also it sounds like breathalyzer may have been improperly done. If it was done improperly, it may not be valid.

Assuming your buddy did not otherwise seem impaired, he may escape conviction.

A DWI conviction in NC is a minimum of 1-year suspension of your license, plus 24 hours of community service at a minimum, plus hundreds of dollars in fines. But the REAL cost is the effect the conviction has on your future.

A DWI conviction is a criminal conviction, that could potentially follow you for the rest of your life, affect security clearances, job prospects etc. In addition, it affects insurance rates.

Paying a lawyer to handle this will cost you money, but it is almost always well worth it.

Hope this information helps.

 

[steve117]

everyone thank you for your replies. i have a question for chetsonlaw specifically. we've been to many attorneys in the county and cant find one that does not have a 2 week wait. what can we do to apply to uudo the 30 day revocation? can he apply himself? if so does he have any chance to get it resolved without an attorney present just yet?

 

[corbon]

My attorney fees were $3500. I guess it was worth it, b/c I got it reduced to neg driving.

 

[cyjeff]

If the tags displayed were expired, how is this a bad stop?