Charlotte DWI Lawyer – Laura’s Law – Now Even Tougher DWI Penalties

Mar 11, 2012 | DUI & DWI, Uncategorized

Recently, a new, much tougher DWI law came into effect in NC. The DWI attorneys at Reeves, Aiken & Hightower, LLP, will be evaluating how this new law will potentially impact their clients charged with DWI. Because this is new legislation, we will be posting the analysis of other law firms throughout the state for their views. While individual law firms may compete for cases, it is the shared goal of all criminal defense lawyers to see that justice is done for their clients. When charged with a DWI, it is important that you carefully research criminal defense firms in your area. We invite you to compare the credentials of the firm and their lawyers. Make a considered decision. Your choice of which attorney to represent you in court can be critical, especially in NC where the laws are some of the strictest in the country. We would welcome an opportunity to sit down and meet with you to personally review your case. Call us today at 704-499-9000 or visit our firm’s website at www.rjrlaw.com.

Here is the posting featuring Damon Chetson of Raleigh which provides an excellent “first glance” perspective of “Laura’s Law”:

New North Carolina DWI Law Dramatically Increases Punishments for Drunk Drivers

Recent enhancements to the North Carolina Driving While Impaired (DWI) law are set to go into effect in December, 2011, and dramatically increase punishments for people convicted of certain types of DWI offenses.

NC DWI Law Summary – NCDCCPS

Mar 11, 2012 | DUI & DWI, Uncategorized

Below is a great summary of NC DWI laws published by the NC Department of Crime Control and Public Safety. The attorneys of Reeves, Aiken & Hightower, LLP, believe such information is key to learning as much as you can if you have been recently charged with DWI and are seeking basic facts. As you can see, the penalities for a conviction in NC are harsh, even for first time offenders. In fact, NC has some of the strictest DWI laws in the nation. We have highlighted some of the most disconcerting portions of the law. In addition to the stigma of being a convicted “drunk driver,” there can be significant consequences if convicted, including court costs, fines, SR-22 insurance, and possibly even jail time. We encourage you to review as much information as possible and then consult an experienced NC DWI attorney as early as possible. Call us today for a private consultation about your particular case at 704-499-9000. For even more information about our lawyers and their credentials, visit our firm website at www.rjrlaw.com.

Here is the NCDCCPS summary:

Information Concerning Alcohol and Driving While Impaired

Before 1999, North Carolina already had some of the strictest drinking and driving statutes ever adopted in the United States. The Governor’s DWI Initiative has made those regulations even tougher.

In December 1998, the cars of repeat offenders are being seized & sold with the money given to the local school system. In excess of 8,000 vehicles have been seized since then. Starting in the year 2000 any person who is convicted of DWI and has their drivers license reinstated will not be able to drink and drive. Instead of an alcohol concentration of 0.08, these drivers will lose their license if they have limits of 0.04 or higher, depending upon their driving record and if they were charged and convicted after 1 July 2001. An ignition interlock system where the car will not start if the driver has been drinking will be required for some repeat offenders. The repeat offenders are being targeted and for good reason.

In 1998, 469 people died in alcohol-related crashes on North Carolina highways. Another 10,629 were injured. The North Carolina State Highway Patrol arrested nearly 40,000 people for driving while impaired (DWI) in 1998 and more than 43,000 the year before that. The combined DWI arrests for all law enforcement agencies in North Carolina totaled nearly 80,000 for each of those two years, respectively. Though they pale in comparison to the human loss, the financial costs in lawyer fees, court costs, fines, increased insurance rates, and the like to a person convicted of DWI are also great. They range from $6,000 to $8,000 over three years. The bottom line: Never drive after drinking any amount of alcohol! (Emphasis added)

In North Carolina, it is illegal to drive a vehicle while noticeably impaired or with an alcohol concentration of 0.08 or higher. When driving a commercial motor vehicle, the limit is 0.04. The most significant aspects of the state’s new DWI law make punishment more severe for the impaired driver in general and the repeat offender in particular.

For offenders who fall into one of the five levels of misdemeanor DWI, Level I being the most serious and Level V the least, the likelihood of spending time in jail has increased.

Level V

Punishable by a fine up to $200 and a minimum jail sentence of 24 hours and a maximum of 60 days. A judge can suspend the sentence but upon completion that the driver spend 24 hours in jail, perform 24 hours of community service or not operate a vehicle for 30 days.

Level IV

Punishable by a fine up to $500 and a minimum jail sentence of 48 hours and a maximum of 120 days. A judge can suspend the sentence but upon completion that the driver spend 48 hours in jail, perform 48 hours of community service or not operate a vehicle for 60 days.

Level III

Punishable by a fine up to $1,000 and a minimum jail sentence of 72 hours and a maximum of six months. A judge can suspend the sentence only upon completion that the driver spend at least 72 hours in jail, perform 72 hours of community service or not operate a vehicle for 90 days.

Level II

Punishable by a fine up to $2,000 and a minimum jail sentence of seven days and a maximum of one year. A judge CANNOT suspend the minimum sentence.

Level I

Punishable by a fine up to $4,000 and a minimum jail sentence of 30 days and a maximum of two years. A judge CANNOT suspend the minimum sentence.

Level I and II drivers are repeat offenders, persons whose license are revoked, impaired drivers, impaired drivers who are transporting young children and impaired drivers who hurt someone in a crash. Impaired drivers must complete a substance abuse assessment and comply with any recommended treatment as a condition for having their drivers license restored at the end of the revocation period.

Felony DWI

For Habitual DWI offenders, drivers who have had three prior DWI convictions within the past seven years, DWI becomes a more severe felony. But more importantly, the Habitual DWI statute now mandates a minimum active jail term of one year — a sentence that CANNOT be suspended. Offenders must also go through a substance abuse program while in jail or as a condition of parole.

Seizure and Forfeiture of Vehicles

The Governor’s DWI Initiative takes away from repeat DWI offenders the means to drive while impaired; namely, their cars. Under the new provision, a law enforcement officer can seize a driver’s car if the officer charges that person with DWI and that person was driving while his or her license was revoked due to a previous impaired driving offense. The seizure happens at the time of the arrest and NOT after the case has come to trial. (Emphasis added)

If a court convicts the driver of DWI and of committing the offense while driving with a revoked license due to a previous impaired driving offense, the judge will order the vehicle forfeited. The school board can then sell the vehicle and keep the proceeds, sharing the money with any other school systems in the county, or keep the car for its own use. The law does allow vehicle owners to get their cars back if they were not the driver convicted of DWI but only if they satisfy the court that they are an innocent party. (Emphasis added)

Zero Tolerance for Commercial Motor Vehicle Drivers

It’s unlawful for the operator of a commercial motor vehicle to drink and drive. The first offense results in a 10 day disqualification to operate a commercial motor vehicle. The second or subsequent offense revokes the drivers license to operate any vehicle.

Zero tolerance for school bus and school activity bus drivers and child care vehicle drivers drivers.

It is unlawful for school bus and school activity bus drivers and child care vehicle operators (day care van etc.) to drink and drive.

Offenders Under Age 21

Prior to the enactment of the new statutes, North Carolina had already taken a zero-tolerance stance against drivers who were under the legal drinking age who nevertheless drank or used drugs illegally and then got behind the wheel. People under age 21 simply cannot drive with any alcohol or illegally-used drugs in their systems — period. Any amount of alcohol will result in an immediate 30 day pretrial revocation. If an underage drinking driver refuses to take such a test, he or she now need only have the smell of alcohol on the breath to be convicted of driving after drinking. Offenders will have their licenses revoked for one year but can get limited driving privileges instated by a judge if the driver was at least 18 years old at the time of the offense and did not have a prior conviction.

Drug Testing

The Initiative also recognized North Carolina’s inability to prosecute and convict someone for driving while impaired by something other than alcohol. Under the new provision, law officers can now order chemical tests for drugs. It also amends the old law to allow for the revocation of a driver’s license if he or she refuses to take such a test.

Drivers License Revocation

All persons charged with DWI who refuse to take an Intoxilyzer test or has results of 0.08 or more, 0.04 if commercial motor vehicle, or under age 21 and the results are above 0.04, will have their license revoked immediately for 30 days. There is a limited driving privilege available after 10 days. (Emphasis added) Upon conviction of DWI for first offense, the license is revoked for one year. A limited driving privilege may be granted by the judge, but only if the driver did not hurt anyone, did not have a child under sixteen years of age in the car at the time of the drunk driving, and the driver obtains a substance abuse assessment. In order to have a license restored at the end of one year, the driver must go to treatment or school as recommended by the assessment. Upon conviction of a second offense within three years, the revocation is four years.

Refusing a Test

A driver who is stopped by a Trooper or other officer for certain alcohol-related offenses will be requested to submit to a breath test or blood test or both to determine alcohol concentration or the presence of drugs in the blood. The results of the test will be used in court.

If the driver refuses the test, an immediate 30-day revocation is imposed and an additional one-year revocation is imposed after an opportunity for a hearing.

Even if the driver is found not guilty of DWI in court, the one-year revocation is imposed for refusing the test.

A limited driving privilege may be granted but only after a six-month revocation period. (Emphasis added)

Charlotte DWI Assessment – Substance Abuse Treatment Levels

Mar 11, 2012 | DUI & DWI, Uncategorized

Here is the first issue that comes up in every new DWI case – “how can I get my license back?” “I have to have my license to get to work.” We understand, and our firm will help you as part of our DWI representation. The article below provides an excellent overview of what is required and what to expect. The DWI trial attorneys of Reeves, Aiken & Hightower, LLP, applaud First Step Services for its easy to read summary and efforts in helping those individuals charged with DWI in NC. Although based in the Raleigh area for now, we hope they will soon expand into our Charlotte market.

For more information about our firm and what we can do to help you, please call us at 704-499-9000 for a private consultation with one of our DWI attorneys. Or, visit our website at www.rjrlaw.com.

Here is the outstanding post:

A North Carolina DWI Assessment is required of everyone who is convicted of Driving While Impaired in the state of North Carolina. You cannot receive a Limited Driving Privilege without a DWI Assessment. DWI assessments and groups can only be conducted by facilities licensed by the state of North Carolina. Each of these licensed facilities must have a North Carolina DWI Provider Code. Getting an assessment and treatment by a substance abuse professional does not necessarily mean that professional has a North Carolina Provider DWI license.

First Step Services, LLC is fully licensed by NC DWI Services and will assist you with your assessment in a professional, confidential and timely manner.  First Step will often complete an assessment the day you call to request an appointment.

Why Get Your DWI Assessment Done as Soon as Possible?

In NC, a DWI Assessment is required prior to receiving a Limited Driving Privilege.

Shorten the period of time you can’t drive during your “Civil Revocation.”

Complete the North Carolina Division of Motor Vehicles DWI Assessment and Treatment requirements.

A DWI Assessment is a Mitigating Factor during your trial and can reduce the level of punishment, possibly helping avoid active jail time.

Know in advance where you stand with your DWI Substance Abuse requirements.

If you have your DWI Assessment at First Step, we will bill your insurance for any counseling that may be required, saving you money. First Step is one of the few companies that will bill your health insurance for DWI groups. Your cost at First Step will be much lower than at agencies that don’t accept insurance. Choose First Step Services and save.

Don’t be misled by mailed or other notices that say you must go to any particular agency for a DWI assessment.  You can choose ANY licensed NC DWI agency you like.

A DWI Assessment is an alcohol abuse and drug abuse assessment consisting of a clinical interview and a structured DWI assessment questionnaire to determine if a person has a problem with alcohol or drugs. There are a few different assessment types that are used by different NC DWI programs.

Possible outcomes of the DWI assessment are alcohol or drug dependence, alcohol or drug abuse, or no alcohol or drug “handicap.” The DWI assessment and related paperwork take approximately one hour and a half.

Allow at least 1 1/2 hours for the DWI assessment when you schedule your appointment with First Step. You can leave with all the paperwork you need for your attorney, court or the NC Division of Motor Vehicles.

PROGRAM PLACEMENT CRITERIA

(From the NC DHHS DWI Services and Wake County Court Services Homepages)

The DWI Assessment results will assign you to one of the following levels of group or class.

There are five placement levels for DWI substance abuse treatment in North Carolina. There are a minimum number of contact hours and minimum lengths of time a person must be involved. These are now codified into a new section 122C-142.1 of the General Statutes: “Substance abuse services for those convicted of driving while impaired, or driving after drinking by person under 21.”

State Rules require that a Substance Abuse assessment is valid for only 6 months. Treatment or ADETS must be started prior to 6 months from the date of the assessment or a whole new assessment will be required at a full cost of $100.

Level I- DWI Education (Alcohol & Drug Education Traffic School):

First DUI/DWI conviction (Total lifetime)

Arrest BAC of .14 or less

Did not refuse breath test

Has no substance abuse diagnosis as determined by a thorough alcohol and drug use evaluation

Must be a minimum of sixteen contact hours completed in no less than 5 sessions.

Level II-DWI Short-term Treatment:

More than 1 DUI/DWI lifetime

Refused breath test

BAC of .15 or greater

DSM-IV diagnosis of Substance Abuse

Meets Level I ASAM (American Society of Addictions Medicine) program placement criteria.

A minimum of 20 but less than 40 contact hours lasting a minimum of 30 days

Level III-DWI Intermediate Level Treatment:

Meets criteria for DSM-IV Substance Dependence Diagnosis

Meets Level I ASAM program placement criteria

Minimum of 40 but less than 90 contact hours, minimum of 60 days duration

Level IV-Intensive Outpatient Treatment:

DSM-IV diagnosis of Substance Dependence, moderate to severe

Meets Level II ASAM program placement criteria

A minimum of 90 contact hours with a minimum duration of 90 days

According to ASAM, to be considered intensive outpatient, this requires at least 3 sessions and 9 hours per week in treatment. This program may be preceded by a brief inpatient stay for detoxification or stabilization of a medical or psychiatric condition.

Level V-Inpatient/Residential Treatment:

DSM-IV diagnosis of Substance Dependence, severe

Meets Level III or IV program placement criteria

Upon discharge from inpatient treatment, a person has to enroll in an approved continuing care or outpatient program to meet the 90-day time frame. There should not be any significant period of time between inpatient or residential treatment and beginning the 90 days follow up. There should also be no resumption of alcohol or drug use, even in small amounts prior to the 90 day follow up. If there is more than a couple of weeks between residential treatment and beginning the follow up or if there has been any substance use, the DWI client will likely have to begin a new treatment program.

NC law allows up to 15 days credit for inpatient treatment in place of mandatory active sentence. However, an inpatient treatment facility can admit a person to inpatient treatment, ONLY, if that person meets the ASAM criteria for this level of treatment. This is true, even if the person wants to pay for this in full out of his own pocket.

Failure to follow the ASAM criteria can result in a facility’s losing its Medicare or Medicaid accreditation and puts in jeopardy payments by private insurers. Admission to inpatient treatment is based solely on medical or psychiatric necessity, not on a legal requirement or personal preference! (From the DHHS DWI Services)

(ASAM refers to the criteria established by the American Society of Addictive Medicine.)

We must consider the following during the assessment:

•  A copy of your driving record from the DMV. The North Carolina Certified Driving Record costs $11.00. It must be signed or stamped by the NC DMV. If you can’t get one, First Step will order one online for you. If we can’t get it that way, we will go to the DMV for you.

•  Verification of your Breathalyzer reading. You will probably have this with your ticket. This can also be obtained from your attorney, the Clerk of Court or possibly from the North Carolina DMV.

•  Fee payment of $100 for the assessment in cash or money order. If writing a check, you will have to wait 14 days for the check to clear to receive results.

•  Come to the assessment alcohol and drug free. If you are “high” or have alcohol on your breath, you will be turned away and will be charged for the time the counselor reserved for your assessment.

A NC DWI Substance Abuse Assessment is required by law for all those convicted of DWI in North Carolina. Getting a DWI assessment prior to court is a mitigating factor at the trial and could lessen the level of punishment you receive.

Education or substance abuse treatment is required of everyone convicted of Driving Wile Impaired. Depending on the level recommended by the assessment, classes or treatment may last from 1 week to 90 days or more.

If you have your DWI Assessment at First Step, we will bill your insurance for any counseling that may be required, saving you money. First Step is one of the few companies that will bill your health insurance for DWI groups.   Your cost at First Step will be much lower than at agencies that don’t accept insurance.

Enrolling in the recommended treatment before court is an advantage at the trial.

Many attorneys are now recommending that you enroll at the time of your assessment.

First Step provides DWI and substance abuse assessments in the evening and on Saturday. The state of NC requires that a DWI provider charge $100 for the DWI assessment. First Step charges no administrative fees or other charges of any type except for out of state transfers.

To schedule your appointment in Raleigh, call (919) 833-8899.  You can pay by either money order, credit card or cash; Garner (919 329-9400; Durham (919) 419-0229. Insurance may be used to assist with paying for DWI counseling, treatment, or groups.

Before the results of your assessment can be finalized, you will need to bring in written proof of your Breathalyzer reading (BAC) if you were arrested for DWI. You can also obtain a copy from the clerk’s office or have your attorney fax verification to us.

NC DWI law requires a certified copy of your driving record be reviewed at the DWI assessment. If you have a North Carolina driver’s license this can be obtained in room 108 at the DMV located at 1100 New Bern Avenue in Raleigh. First Step staff will pick up your NC driving record and court records if you need that service.

DWI Assessments “508s” are completed online at First Step Services, speeding up the turn around time.

First Step Services Durham

3329 Chapel Hill Blvd, Suite 201

Durham, NC 27707

(919) 419-0229 Fax: (919) 490-3708

NC DWI Laws – Now Even More Harsh and Unforgiving

Mar 10, 2012 | DUI & DWI, Uncategorized

This recent article highlights some of the controversies surrounding North Carolina’s newest and most sweeping changes to its already strict and harsh DWI laws. Let’s be frank. It is going to be very difficult to get a fair trial now in NC. The “mystery box” now rules. We are going to be convicting defendants based on “voodoo science” that even the police officers and prosecutors themselves cannot explain. The breahalyzer is a machince, not an “instrument.” And like every other machine ever invented, it has flaws and a “margin of error” in its “readings.” And, with high use and improper maintenance, it is going to make mistakes and give false readings. But, just to be clear, brand new, right out of the box, no one can fully demonstrate how it actually does what it is supposed to do. The “magical solution” upon which all results are based is made up of….well, only the manufacturer knows. The exact chemical compound is proprietary.

I agree with Bill Powers. This latest law minimizes the need for judges and juries in NC. The BA reading is all the State needs to convict now. The penalties for a first time, no accident, no injury DWI were harsh already, but now, will be financially devestating to most hard working people. Let’s also remember that the “legal limit” has steadily been arbitrarily reduced, without any significant additional research on human physiology. Originally, the legal limit was 0.15, nearly double the current standard. Then, it was 0.12, and for years and years, it was 0.10. Even now, there are calls to lower the standard again to 0.06. Apparently, no one is supposed to be able to have a glass of wine with dinner or a beer with a friend. The new law in response to a truly tragic DWI death case appears to go too far while attempting to “close loopholes.”

In our DWI practice at Reeves, Aiken & Hightower, LLP, we represent those individuals who have found themselves caught up the maze of a first time DWI arrest. Most have had a calculated number of drinks and felt that they were perfectly fine to drive home safely. They are hard working people who would never endanger their fellow citizens or put their driving privilieges at risk. It goes without saying that no one wants truly drunk drivers on our roads. However, justice requires much more than this new law mandates. Persons not guilty of actually driving while impaired are going to be convicted wrongfully and swept away in the current hysteria. The otherwise law-abiding citizens of our state can only hope that the NC appellate courts will take a more balanced and fair approach.

If you have been charged wrongfully under this new law, call us today for a private consultation at 704-499-9000. And for more information about our law firm and attorneys, please visit our website at www.rjrlaw.com.

Tougher N.C. DWI Law To Make Convictions Easier

CHARLOTTE, N.C. —