How To Get a DWI Dismissed in Charlotte, NC

Facing a DUI (Driving Under the Influence) or DWI (Driving While Impaired) charge in Charlotte, NC, can feel overwhelming, but it’s important to understand that dismissal is possible.

Whether through procedural errors, unlawful evidence, or effective legal strategies, an experienced DUI lawyer can help build a defense to challenge the prosecution’s case.

Why Should I Try to Get My DWI Dismissed?

Just because you’ve been charged with driving under the influence of alcohol, that does not mean you are automatically guilty. Under North Carolina law, you can be charged with a DWI if you are suspected of driving with a Blood Alcohol Concentration of 0.08 or higher or if you were driving with a controlled substance in your system.

You have a right to defend yourself in a court of law, especially when the repercussions of a DWI conviction can affect your future. North Carolina takes drunk driving charges seriously. Besides steep fines and time behind bars, you may be facing the loss of your driver’s licenses, probation, or even losing professional licenses. If you have a criminal record or prior DWI convictions, your sentencing could be even more harsh. Getting your charges dismissed or reduced is your best chance at avoiding long-term consequences after a DUI arrest.

What Kind of Errors Can Lead to Dismissed DUI Charges?

There are a number of common errors made during the arrest and investigation of your case. Law enforcement officers can make mistakes. A skilled DUI defense lawyer can take advantage of these mistakes to build your defense.

There Were Errors During Your Arrest

For a DUI charge to hold up in court, law enforcement must follow proper procedures. Officers must have probable cause to pull you over, such as erratic driving, weaving between lanes, or a specific traffic violation. Once stopped, they must identify valid signs of impairment—like bloodshot eyes or the smell of alcohol—before conducting sobriety or chemical tests.

If you were stopped without reasonable suspicion or the officer failed to read your rights during the arrest, this could result in a dismissal of your case. Additionally, officers must honor your request to speak with an attorney. Any violations of these rights can be used as part of your defense.

They Obtained Evidence Unlawfully

The Fourth Amendment protects you from unlawful searches and seizures. If evidence, such as breathalyzer results or open containers, was obtained without probable cause or a legal warrant, it might be deemed inadmissible in court. For instance, if an officer searched your vehicle without your consent or clear justification, your lawyer could argue for suppression of that evidence.

Evidence Was Not Handled Properly

When blood or urine samples are collected, law enforcement officers must follow strict handling procedures to ensure accuracy. This is known as maintaining a chain of custody. Any lapse in documentation or improper handling could render the results invalid, giving grounds for dismissal.

There Were Problems with the Chemical Tests

Breathalyzers and other testing devices must be regularly calibrated and used according to specific protocols. North Carolina law mandates that officers observe individuals for 15 minutes before administering a breath test. Failure to follow this rule, or using improperly calibrated equipment, can compromise the results. An experienced attorney will scrutinize these details to uncover potential errors.

The Arresting Officer Fails to Appear in Court

Your charges may also be dismissed if the arresting officer does not attend the scheduled court hearing. While the court may reschedule, repeated absences can weaken the prosecution’s case.

How Do I Get My DWI Dismissed in North Carolina?

To increase your chances of getting a DUI dismissed, focus on the legal procedures that can challenge the validity of the charges. Start by hiring an experienced DUI lawyer in Charlotte immediately. Early legal representation ensures that you meet critical deadlines, such as filing for a DMV hearing to contest your license suspension and allows your lawyer to examine every aspect of the case for potential errors.

Your attorney will scrutinize whether the police had reasonable suspicion for the traffic stop, followed proper arrest procedures, and conducted field sobriety or chemical tests lawfully. They may file pre-trial motions to suppress evidence if it was obtained unlawfully or if procedural violations occurred. These legal actions can weaken the prosecution’s case, often resulting in dismissal before trial. Working closely with a skilled lawyer ensures you navigate these steps effectively and protect your rights.

What Should I Do to Improve My DUI Case?

If you’re facing a DUI charge in Charlotte, knowing what steps to take—and what mistakes to avoid—can significantly impact your case’s outcome. Here’s how you can position yourself for the best possible results.

How to Improve Your DUI Case

Even if dismissal isn’t immediately possible, there are proactive measures you can take to mitigate the impact of a DUI charge:

• Negotiate for a Reduced Charge
  An experienced lawyer can work with the prosecution to reduce your DUI to a lesser offense, such as reckless driving. This can lead to lighter penalties and minimize long-term consequences.
• Enroll in a Diversion Program
  For first-time offenders, the court may allow participation in an alcohol education or treatment program. Successfully completing a diversion program could result in a reduction or even dismissal of charges.
• Request Limited Driving Privileges
  Losing your license can disrupt your life, but North Carolina law permits eligible individuals to request a restricted license. With the installation of an ignition interlock device, you may still drive to essential locations, such as work or school, while your case is pending.
• Pursue Expungement
  If dismissal isn’t achievable and a conviction occurs, expungement might be an option to clear your record. Discuss this possibility with your attorney to explore whether you qualify.

Mistakes that Can Harm Your DUI Case

Avoid these common missteps to ensure you don’t inadvertently make your case more challenging to resolve:

• Refusing Sobriety Tests
  Under North Carolina’s implied consent law, refusing a breathalyzer or chemical test results in an automatic license suspension. While you can challenge the test results later, refusing the test outright often complicates your defense.
• Talking to Police Without an Attorney
  Anything you say to law enforcement can and will be used against you. It’s crucial to remain silent and request legal representation before speaking or providing a statement.
• Accepting a Plea Deal Without Counsel
  Prosecutors may present a quick plea deal, but these agreements often come with unnecessarily harsh terms. A skilled attorney can evaluate your options, negotiate better outcomes, or even pursue dismissal.

The Role of a DUI Lawyer in Charlotte

Successfully fighting a DUI charge requires prompt and thorough action. A skilled Charlotte DUI attorney can:

• Investigate every detail of your arrest, including the officer’s conduct and the handling of evidence.
• Challenge the legality of your traffic stop and the validity of chemical tests.
• Represent you during administrative hearings to restore driving privileges.
• Negotiate with the prosecution for a reduced charge or alternative sentencing.

At Randall & Stump, Criminal Defense Attorneys, we’ve helped countless individuals secure favorable outcomes in DUI cases. With over 25 years of combined experience and a member of our firm being part of the National College for DUI Defense, we know how to build strong defenses and protect your rights.

Contact a Charlotte DUI Lawyer Today

A DUI charge can disrupt every aspect of your life, from your career to your personal freedom. Acting quickly to secure experienced legal representation can make all the difference. Contact Randall & Stump, Criminal Defense Attorneys, at (980) 237-4579. for a free consultation. Let us help you fight for a dismissal or reduced charge and move forward with your life.