Put one of North Carolina's most experienced DWI Attorneys to work for you.
In North Carolina, being charged with Driving While Impaired, commonly referred to as DWI, is a frightening situation. The stakes are high, and the consequences can be severe.
A conviction for DWI in North Carolina can lead to long-lasting consequences, such as the loss of driving privileges, steep financial burdens, probation, and even jail time. That's why DWI attorney Kevin B. Long is your go to lawyer.
Kevin is a former North Carolina Assistant District Attorney, who prosecuted thousands of DWIs case before switching sides of the courtroom to defendant individuals who have found themselves in an often unfamiliar and terrifying situation. Kevin knows the laws, the people, the processes and can provide you with the best advice, guidance, and counsel every step of the way.
Experience, knowledge and passion should be at the forefront of your mind when hiring the right DWI attorney. Kevin strives to deliver unmatched legal representation, with an outcome focused plan for each client. Kevin and his team are here to help you navigate the entire process from start to finish.
Experience, knowledge and passion should be at the forefront of your mind when hiring the right DWI attorney. Kevin strives to deliver unmatched legal representation, with an outcome focused plan for each client. Kevin and his team are here to help you navigate the entire process from start to finish.
What is a DWI in North Carolina?
What is a DWI?
In North Carolina, DWI laws are anything but straightforward. Drivers need to understand that you can be convicted of DWI if it’s proven beyond a reasonable doubt that you drove or “operated” a motor vehicle:
- While under the influence of an impairing substance; OR
- With an alcohol concentration of 0.08 or more (.04 in a commercial vehicle); OR
- With any amount of a schedule 1 controlled substance or its metabolites in your body.
You do not have to have alcohol in your body to be charged with DWI. Any impairing substance, including marijuana or even prescription medications, can serve as the basis for a DWI charge.
If you are under 21, North Carolina has a “zero-tolerance” policy for drivers who are under the legal drinking age and have alcohol in their system when they drive. Any amount of an impairing substance in a person’s body, who is under the age of 21, can result in a charge of Driving While Consuming Under 21.
If you are under 21, North Carolina has a “zero-tolerance” policy for drivers who are under the legal drinking age and have alcohol in their system when they drive. Any amount of an impairing substance in a person’s body, who is under the age of 21, can result in a charge of Driving While Consuming Under 21.
DWI Defense
Contesting and fighting your case may seem lengthy and daunting, compared to pleading guilty. However, opting to plead guilty and accept the consequences in a DWI case may not be the wisest decision. The potential penalties can include probation, jail time, substantial fines, suspension of driver's license, and the obligation to install an interlock ignition device on your vehicle.
Furthermore, enduring long-term repercussions such as increased insurance rates, points on your driving record, and a permanent criminal record are a distinct possibility.
An experienced DWI attorney can play a crucial role in helping you mitigate these severe outcomes. Although not every case is suitable to contest or have a trial, often there is an issue within the case that could result in a successful outcome. Kevin will be on your side in Wake, Johnston, Orange, Chatham, & Harnett Counties.
Furthermore, enduring long-term repercussions such as increased insurance rates, points on your driving record, and a permanent criminal record are a distinct possibility.
An experienced DWI attorney can play a crucial role in helping you mitigate these severe outcomes. Although not every case is suitable to contest or have a trial, often there is an issue within the case that could result in a successful outcome. Kevin will be on your side in Wake, Johnston, Orange, Chatham, & Harnett Counties.
How to Beat a DWI
Things to consider when hiring a DWI Attorney
Answering Questions: An experienced DWI attorney should be able to answer your questions about each aspect of your case. Every case is different, but often cases have similarities. Having a DWI attorney that has evaluated, analyzed, and resolved thousands of DWI cases can increase your opportunity for a successful defense, and bring comfort in knowing your questions and concerns will be addressed in detail.
Kevin B. Long will conduct a comprehensive investigation into the circumstances surrounding your arrest and scrutinize the evidence against you. Kevin believes in a team approach and will collaborate with you on each piece of evidence in your case. This allows for the identification of potential defenses, even if you are guilty.
For instance, lack of reasonable suspicion for the traffic stop or improperly conducted field sobriety or breathalyzer tests could render key evidence inadmissible, significantly weakening the prosecutor’s case.
For instance, lack of reasonable suspicion for the traffic stop or improperly conducted field sobriety or breathalyzer tests could render key evidence inadmissible, significantly weakening the prosecutor’s case.
Seasoned DWI attorney Kevin B. Long handles DWI cases in Wake County, Johnston County, Orange County, and Chatham County. Kevin is well-versed in North Carolina's relevant statutes, case law and local county procedures, enhancing his ability to navigate your case effectively. His knowledge, experience, and relationships enable him to stay updated on potential defenses that could work in your favor.
It's crucial to comprehend the likely developments in your criminal case, the strengths and weaknesses of your defenses, and the overall workings of your DWI case before your court hearing. Having a skilled DWI attorney can provide a sense of comfort with a thorough explanation, ensuring you are well-prepared and can make informed decisions about your case.
Kevin is known for telling clients what they need to hear, not what they want to hear. Being honest and upfront with clients assures that everyone is on the same page when it comes to defending your case, and preparing for what may arise along the way.
Kevin is known for telling clients what they need to hear, not what they want to hear. Being honest and upfront with clients assures that everyone is on the same page when it comes to defending your case, and preparing for what may arise along the way.
Depending on your circumstances and the identified defenses, entering into a plea agreement with the prosecutor may be beneficial. An attorney, familiar with the prosecutor assigned to your case, as well as the county policies, can negotiate strategically to secure reduced charges, eliminate charges and minimized penalties.
In some cases, it may be beneficial to hire expert witnesses to support your defenses or challenge the prosecutor's evidence. An attorney with an established network of qualified experts can ensure you have credible witnesses supporting your case.
If it's in your best interests to go to trial, an experienced DWI attorney is essential. Trial proceedings are complex, and a knowledgeable lawyer understands the necessary court procedures, how to present evidence supporting your defenses, and how to effectively cross-examine witnesses.
Possible DWI Defenses
The number one defense is not always asserting that someone is not guilty of the crime charged. Criminal cases have many layers and aspects that need to be evaluated by a seasoned DWI attorney.
Each step in an investigation, arrest, and post arrest process should be evaluated and scrutinized. If a police officer, detention center staff member, scientific or medical analyst, or judicial official, does not follow the correct processes and procedures, there might be a valid defense to win your case or eliminate potential evidence the prosecutor intends to use against you.
Each step in an investigation, arrest, and post arrest process should be evaluated and scrutinized. If a police officer, detention center staff member, scientific or medical analyst, or judicial official, does not follow the correct processes and procedures, there might be a valid defense to win your case or eliminate potential evidence the prosecutor intends to use against you.
The officer should not have pulled you over in the first place.
Before an officer can stop you, they must have reasonable grounds to believe that you are involved in some sort of criminal activity. Often an officer will stop someone for a straightforward reason, such as speeding or running a red light. Sometimes the reason for the stop is more unusual. Regardless of the reason the officer stops you, it should be evaluated. Was it reasonable? Did the officer have clear information? What did the officer have the opportunity to see? Did the officer follow the correct protocol and procedures?
Depending on the officer’s notes and a possible video of the stop, arguments can be made that there were no reasonable grounds to stop you. If you did not commit a traffic violation and the officer cannot articulate his suspicion of criminal activity, your rights may have been violated resulting in a dismissal of the case.
Before an officer can stop you, they must have reasonable grounds to believe that you are involved in some sort of criminal activity. Often an officer will stop someone for a straightforward reason, such as speeding or running a red light. Sometimes the reason for the stop is more unusual. Regardless of the reason the officer stops you, it should be evaluated. Was it reasonable? Did the officer have clear information? What did the officer have the opportunity to see? Did the officer follow the correct protocol and procedures?
Depending on the officer’s notes and a possible video of the stop, arguments can be made that there were no reasonable grounds to stop you. If you did not commit a traffic violation and the officer cannot articulate his suspicion of criminal activity, your rights may have been violated resulting in a dismissal of the case.
The officer did not have enough evidence to arrest you.
Before an officer can arrest you for DWI, they must have sufficient evidence to establish that a reasonably cautious person would believe you operated a motor vehicle, on a public street or highway, and that you were appreciably impaired at the time you operated the vehicle.
When determining if you are appreciably impaired, the officer must form the opinion that your mental and/or physical faculties are impaired by alcohol or drugs, AND an average reasonable person would have come to the same conclusion.
This defense usually depends on the manner you were driving and how you performed on the roadside tests. Maybe you refused to do the test. Maybe you did great on the test. Maybe you have a medical issue the officer didn’t ask about or account for. There are countless factors to consider when evaluating an officer’s decision to arrest someone for DWI. There are dozens of scenarios where this defense could be effective. In most Wake County DWI cases, arguing lack of probable cause to arrest is crucial.
You blew a .08 or lower.
You may believe that if a person blows under a .08 they will be released. That is simply not correct, especially in Wake County. You can be charged with DWI even if your alcohol level is under .08 if the officer believes that your mental and/or physical faculties are appreciably impaired. Shockingly, it’s not uncommon for someone to be charged with DWI in Wake County when the person blew a .07 or .06. As frustrating as it is to be charged with DWI when you blow under the legal limit, you very likely have a good defense to the charge, so long as the officer did not witness anything that would shock the judge’s conscience.
Similarly, when someone blows a .08, there may be a valid defense that the person is not guilty. Although the legal limit in North Carolina is .08, our state’s case law says that other facts in the case must corroborate that alcohol content. If you blew a .08 but your driving was fine and your performance of the roadside tests were above average, a solid defense in your case can still be made.
Before an officer can arrest you for DWI, they must have sufficient evidence to establish that a reasonably cautious person would believe you operated a motor vehicle, on a public street or highway, and that you were appreciably impaired at the time you operated the vehicle.
When determining if you are appreciably impaired, the officer must form the opinion that your mental and/or physical faculties are impaired by alcohol or drugs, AND an average reasonable person would have come to the same conclusion.
This defense usually depends on the manner you were driving and how you performed on the roadside tests. Maybe you refused to do the test. Maybe you did great on the test. Maybe you have a medical issue the officer didn’t ask about or account for. There are countless factors to consider when evaluating an officer’s decision to arrest someone for DWI. There are dozens of scenarios where this defense could be effective. In most Wake County DWI cases, arguing lack of probable cause to arrest is crucial.
You blew a .08 or lower.
You may believe that if a person blows under a .08 they will be released. That is simply not correct, especially in Wake County. You can be charged with DWI even if your alcohol level is under .08 if the officer believes that your mental and/or physical faculties are appreciably impaired. Shockingly, it’s not uncommon for someone to be charged with DWI in Wake County when the person blew a .07 or .06. As frustrating as it is to be charged with DWI when you blow under the legal limit, you very likely have a good defense to the charge, so long as the officer did not witness anything that would shock the judge’s conscience.
Similarly, when someone blows a .08, there may be a valid defense that the person is not guilty. Although the legal limit in North Carolina is .08, our state’s case law says that other facts in the case must corroborate that alcohol content. If you blew a .08 but your driving was fine and your performance of the roadside tests were above average, a solid defense in your case can still be made.
After being arrested for DWI, an officer will typically take a person for an official breath or blood test. The procedures for these breath and blood tests are very detailed and very specific. If an officer or analyst doesn’t follow the correct procedures, if the testing machine is out of date on preventative maintenance, or if another error occurred in the testing process, it could be argued that the results of the breath or blood test are not admissible in court. If the breath or blood test is deemed inadmissible, the prosecutor may be left without a crucial piece of evidence they need to convict you.
After you’re arrested for DWI in Wake County, the officer will likely transport you to the Wake County Detention center on Hammond Road or a local police department office. Once you arrive, the officer will ask you to blow into the breath testing machine. This is where your alcohol content number comes from. The law requires an officer to provide you with an opportunity to contact a witness and/or an attorney.
Further, you should be afforded 30 minutes for a witness to arrive to observe the testing process if they indicate the desire to the officer. If your witness arrives before the 30 minutes is up, they must be allowed to see you. If your witness arrived in time and was not allowed to see you take the breath test, a strong argument should be made that the results of the breath test are not allowed in court.
Further, you should be afforded 30 minutes for a witness to arrive to observe the testing process if they indicate the desire to the officer. If your witness arrives before the 30 minutes is up, they must be allowed to see you. If your witness arrived in time and was not allowed to see you take the breath test, a strong argument should be made that the results of the breath test are not allowed in court.
Arrested for DWI in Raleigh? Let Wake County's Leading DWI Attorney Fight for You.
Kevin understands the legal system can be overwhelming and most people don’t know where to start when they find themselves in unexpected legal situations. Kevin will navigate the court system, while fighting for the best results possible.
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