DWI, DUI, BWI
North Carolina has some of the strictest DWI laws in the nation. Driving While Impaired is a serious offense that carries a maximum prison term of three years. In addition to possibly going to jail, a DWI conviction can result in suspension of your drivers license, drastic insurance increases and substantial fines.
What Must the Prosecution Prove?
To be convicted of impaired driving, the State must prove beyond reasonable doubt that you were
- Operating a vehicle
- On a street, highway or public vehicular area (such as a parking lot) while
- a. under the influence of an impairing substance, or
- b. having an alcohol concentration of .08 or higher, or
- c. having certain drugs (Schedule I or its metabolities) in your body
In addition to any chemical analysis, impairment will also be attempted to be proven through many factors including your performance on standardized field sobriety tests. These tests often include the Horizontal Gaze Nystagmus Test, the One-Leg Stand test, and the Walk and Turn test. Frequently, successful impaired driving prosecutions hinge on a subject’s performance on these tests. An experienced lawyer who has been trained in these specialized testing procedures can determine whether these tests were properly administered and if there are any issues with your particular case.
In addition to being a member of the National College for DUI Defense, Mr. Frickey has successfully competed the National Highway Traffic and Safety Administration DWI Detection and Standardized Field Sobriety course – the same training law enforcement officer receive.
How can an experienced DWI Lawyer Help?
At the Frickey Law Firm, we will work to ensure your case is handled is handled thoroughly and with as little disruption as possible to your life. As early as 10 days after your arrest, we will seek a limited driving privilege (if eligible) that will allow you to drive to and from work or school and for the maintenance of your household.
At the Frickey Law Firm, we will make sure no stone goes unturned.
In particular, we will closely examine the following:
| 1. | Whether there was reasonable suspicion to stop your vehicle. Or if you passed through a checkpoint, whether that checkpoint complied with your Fourth Amendment protection against unreasonable search and seizure. | |
| 2. | The length of your initial detention and the reason for any undue delay. | |
| 3. | Whether the standardized field sobriety tests were properly administered and whether the surrounding environment or your health may have affected your performance. | |
| 4. | Whether there was probable cause to arrest you. | |
| 5. | Whether you were read and understood your Miranda rights prior to questioning when you were in custody. | |
| 6. | Whether the proper testing procedures such as required observation periods were followed prior to the administration of any chemical test. | |
| 7. | Whether the chemical tests such as breath or blood tests were administered within a relevant time after driving as required by North Carolina law. | |
| 8. | Whether the preliminary breath test (hand-held alcosensor) and the Intoximeter were properly calibrated and subjected to required preventative maintenance. | |
| 9. | Whether you were denied critical access to witnesses to observe your condition or your submission to the breathalyzer. | |
| 10. | Whether the State has secured the necessary witnesses to prove its case. |
If any of your rights were violated, we may be able to suppress evidence or in rare cases, obtain an outright dismissal of your case. If after exhaustively analyzing your case, we determine that there are no legal defenses and that there is sufficient evidence to convict you, we will work on your behalf to negotiate a fair plea agreement with the District Attorney. If you qualify, we will seek a limited driving privilege on your behalf to ensure you are able to drive for work or other limited circumstances.
BWI/BUI
Like DWI, Boating While Impaired is a serious criminal offense. In North Carolina, Boating While Impaired is Class II Misdemeanor carrying a maximum punishment of 60 days in jail. The law surrounding impaired boating differs significantly from impaired driving. Our firm is experienced in handling BWI charges and is able to help you.