Your Best Defense Against a DWI
A DWI charge can be one of the most overwhelming and stressful experiences of your life. Beyond the immediate shock and confusion, the potential consequences are severe—ranging from hefty fines and license suspension to even jail time. But you don’t have to face this alone. With the right legal representation, you can challenge the charges against you and protect your future.
Your Ally in Tough Road Situations
If you’ve been charged with a DWI, it’s crucial to act quickly and get the right legal help. As an attorney who has handled thousands of DWI cases, I know the strategies that work and the mistakes to avoid. My approach is simple: I will aggressively defend your rights and work tirelessly to reduce or dismiss the charges against you.
Building Your Defense
Law enforcement has some flexibility at sobriety checkpoints, but errors can occur, such as procedural mistakes or violations of established protocols. These errors can impact the legality of the checkpoint and the validity of the evidence collected. A skilled attorney can use these issues to build a strong defense strategy, challenging the DWI charges based on the checkpoint's legality, test accuracy, or adherence to proper procedures.
Key Factors and Defenses
Understanding Common DWI Factors
DWIs are among the most common charges people face, but each case is unique and requires a tailored defense strategy. A DWI charge can stem from several violations related to impaired driving. Common factors that can lead to a DWI charge include:
Reckless Driving/Erratic Behavior
Engaging in dangerous driving behaviors, such as swerving, excessive speeding, or running red lights.
Driving with Open Containers
In some jurisdictions, having open alcohol containers in the vehicle, especially if you are impaired.
Refusing Chemical
Tests
Refusal to take a breath, blood, or urine test when requested by law enforcement can result in a DWI charge due to implied consent laws.
Driving Under the Influence of Drugs
This includes both illegal drugs and prescription medications that impair driving ability.
Driving Under the Influence of Alcohol
Operating a vehicle with a BAC at or above the legal limit (typically 0.08% for adults) can result in a DWI charge.
Frequently Asked Questions
What happens if I’m charged with Driving While Intoxicated (DWI) in North Carolina?
Being charged with Driving While Intoxicated is serious. In North Carolina, a DWI can lead to immediate license suspension, steep fines, court costs, mandatory substance abuse assessments, and even jail time. If convicted, you could also face long-term consequences like increased insurance rates, a permanent mark on your driving record, and difficulty maintaining or securing employment. At the Law Office of John C. Fitzpatrick, we build tailored legal strategies to challenge the charges and minimize penalties—often through negotiations, testing review, and procedural defense.
Is a DWI considered a criminal offense in North Carolina?
Yes, DWI is a criminal offense under state law. First-time offenders typically face a misdemeanor charge, but aggravating factors—like high blood alcohol concentration (BAC), prior offenses, or causing an accident—can elevate it to a higher level misdemeanor or even a felony. As a defense-focused firm, we ensure every legal detail is evaluated to protect your rights, reduce charges, or even achieve dismissal where possible.
Do I have to appear in court for a DWI charge?
In most cases, yes—you’re required to appear in court for a DWI. Missing a court date can result in a warrant for your arrest and additional penalties. Having a DWI defense attorney by your side ensures you understand your obligations and are fully represented at every stage of the legal process.
In most cases, yes—you’re required to appear in court for a DWI. Missing a court date can result in a warrant for your arrest and additional penalties. Having a DWI defense attorney by your side ensures you understand your obligations and are fully represented at every stage of the legal process.
Yes. North Carolina has administrative license suspension laws. If you refused chemical testing or had a BAC of 0.08% or higher, your driver license may be suspended for 30 days or more, even before your court date. However, we can help you request limited driving privileges and fight for reinstatement where appropriate.
How does a DWI affect my insurance?
A DWI conviction can severely impact your insurance rates. Many insurers will consider you a high-risk driver, which can lead to policy cancellation or substantial premium increases. We focus on defending your case aggressively to prevent or reduce these long-term financial consequences.
Can I be charged with DWI if I wasn’t driving but was sitting in the car?
Yes, under North Carolina law, you can be charged if you were in "actual physical control" of the motor vehicle, even if it was parked. Courts consider factors like keys in the ignition, engine status, and your position in the car. Our team examines these circumstances to challenge unjust arrests and fight for your rights.
Yes, under North Carolina law, you can be charged if you were in "actual physical control" of the motor vehicle, even if it was parked. Courts consider factors like keys in the ignition, engine status, and your position in the car. Our team examines these circumstances to challenge unjust arrests and fight for your rights.
A seasoned criminal defense attorney investigates the legality of the stop, accuracy of the sobriety tests, and procedures used by law enforcement. We represent you in criminal court, negotiate with prosecutors, and prepare for trial if needed. Our goal is to protect your freedom, reduce charges, and preserve your record.
What should I do immediately after being arrested for DWI?
First, remain calm and exercise your right to remain silent. Do not answer questions without legal representation. Then, contact our office immediately. The sooner we begin building your defense, the more options we have to fight the charges effectively and protect your future.
Speak to Our Team Today
Ready to take the next step? Speak directly with our team today. Schedule your free consultation and get the personalized, community-focused legal support you deserve.