Common elements in a DWI defense

By KevinMarcilliat, In Drunk Driving, 0 Comments

At Marcilliat & Mills PLLC in Raleigh, North Carolina, we regularly defend individuals in DWI cases. These cases often have a different story surrounding them, but some themes we continue to see again and again. Since we have seen these situations numerous times before, over time, we have developed a legal arsenal of defense techniques that can be used on behalf of our clients who these situations apply to.

Let’s take a look at some of the most common elements we see in North Carolina DWI cases:

— Refused to take a breath test or a sobriety test: In North Carolina, drivers will face immediate consequences if they refuse to take a sobriety test or refuse to take a breath test. These consequences, like losing one’s driving privileges — even before a criminal conviction occurs — can have immediate and negative consequences one’s life. However, it is important to keep in mind that refusing to take a sobriety or breath test does not imply guilt, and these individuals will still be able to defend themselves in court.

— DMV hearings: When someone has had one’s driver’s license revoked in their DWI process, it may be possible to have a DMV hearing to request that it be re-instated.

— Vehicular assault and vehicular homicide: When a DWI allegation also involves an injury or death, the charges become exceedingly more serious. In fact, it isn’t uncommon for someone convicted of DWI manslaughter to spend many years in jail. As such, those accused of such crimes will want to take their criminal defense very seriously.

All Raleigh drivers who are facing any kind of DWI allegation will have the ability to defend themselves in court. In fact, even if the evidence against the driver appears like it could result in a conviction, accused drivers may still be able to improve their situations and reduce the ultimate punishments they receive.