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Do I Have To Take A Breath Test?

do i have to take a breath test

Do I Have to Take a Breath Test for a DWI in North Carolina?

Being stopped on suspicion of drinking while impaired (“DWI”) can be a distressing experience. The panic may cause you to make uninformed decisions that seemingly help you to avoid a charge. For example, you may consider refusing drug testing at the stop or the station if you have been arrested. However, drug test refusal has serious consequences that can make your situation worse.

Your Rights and Consequences

At the stop, an officer cannot force you to take a breath test for a DWI because it is your right to refuse drug testing. While you have a legal right to refuse, it is not in your best interests to refuse a preliminary breath test and a chemical drug test.

Preliminary Breath Test

Initially, the officer will need to determine your blood alcohol concentration (“BAC”) using a portable or preliminary breath test (“PBT”). This portable test is administered at the location of the stop using a handheld device. Refusal to take the PBT may factor into the officer’s decision to arrest you. For example, if you were driving erratically, swerving, weaving, plus your refusal, are grounds for the officer to arrest you on suspicion of a DWI.

Chemical Drug Test

At the station, you will be subjected to additional testing—a chemical Breathalyzer and/or blood test, which are more accurate, and the results will be used in court.

After arrest and prior to the chemical testing, you must be advised under North Carolina’s implied consent law of your rights and consequences of refusal.

While your refusal will not result in criminal charges, it will negatively impact your driving privileges.

Consequences

There are critical consequences to consider if you are refusing to take the breath drug test. These include:

  • an immediate thirty-day license revocation;
  • an additional one-year license revocation is imposed even if you are found not guilty;
  • your drug test refusal is admissible into evidence at trial, which can seriously impact the outcome of your case.

 

Seek a North Carolina DWI Attorney to Defend You

An experienced DWI attorney familiar with North Carolina DWI laws and with experience in defending DWI cases can collect and examine the facts and determine possible defenses and your legal options. For example, if the officer tested you without providing you with your implied consent advisement, then you may be able to suppress the BAC test results.

Contact a North Carolina DWI Attorney Today!

If you have been stopped on suspicion of a DWI or arrested based on your drug test results, you need a North Carolina licensed attorney with extensive experience in DWI cases to defend you against charges. The experienced attorneys at King Law Firm are ready to stand by your side and help you navigate the legal process. Don’t delay; give us a call today at (800) 635-1683.

 

 

Can I Have My Criminal Record Expunged in North Carolina?

Criminal Record Expunged

Can My Criminal Record Be Expunged In North Carolina

by King Law Firm

Can I Have My Criminal Record Expunged in North Carolina?

 

Making the first impression is important, and you wouldn’t want your criminal record to stand in the way of your dream job. Getting an expungement in North Carolina will erase your public records, including any outstanding charges or convictions. Once your expungement in North Carolina has been granted, you do not have to admit to being arrested or even standing trial for an expunged offense. Our team of dedicated attorneys at King Law Firm is here to assist you in discovering if you’re eligible for an expungement.

What is an Expungement?

An expungement is when a criminal record is ordered to be sealed by the judge, so the public no longer has access to them. The purpose of expungement is sealing a criminal record as though the charge or conviction never occurred. In December of 2017, Governor Cooper signed senate bill 445, expanding qualifications for expungements. With this new state law in place, many people are given the opportunity to be granted an expungement in North Carolina. Additionally, the bill significantly reduced the amount of time people needed to wait before becoming eligible for expungement. For example, with the new bill, misdemeanor convictions are eligible for expungement after five years instead of 15.

How Can I Have My Criminal Record Expunged in North Carolina?

To expunge your criminal record in North Carolina, you must first find out if you qualify for one. With recent changes made to expungement laws in North Carolina, understanding the requirements can be confusing.

Here are the criteria you must follow to qualify for expungement:

 

  • Pay all court-ordered costs and provide proof
  • You must not be on parole or probation
  • You must not have any open criminal cases
  • You must not have any pending criminal charges
  • You must meet the required waiting period for expungement

Once you’ve discovered that you’re eligible for expungement, you will need to file a petition at the county courthouse, the same one where you were charged. If your case was heard in the superior court, your expungement process would also be held there. For district court cases, they are heard at that trial level.

 

It is essential to look up the proper jurisdiction before filing the petition. For certain expungements, there is no filing fee. An example of this would be if the court dismissed your charges or if you were found not guilty. For other types of expungements, there is a $175.00 filing fee. The expungement process in North Carolina typically takes between 9 to 12 months.

At King Law Firm, We’re Here to Help

Even though a lawyer is not required in North Carolina, hiring an attorney can help avoid a lengthy and complicated process. Any error that happens along the way can cause significant delays in your case. Before filing your expungement petition, you should consider speaking with one of our lawyers, who will be able to review your case and guide you through the next steps. Our initial consultations are free. Contact our office (855) 205-9938 today to set an appointment.

 

 

 

How Should You Plead – Guilty or Not Guilty?

north carolina criminal lawyer

North Carolina Criminal Lawyers

After you have been arrested, your first court hearing, “ an arraignment, “ is normally scheduled within 30 days.  At the arraignment, the charges that have been filed against you will be read along with the possible consequences of being found guilty of the charges. A judge will then ask you to enter a plea.  Your choices are guilty, not guilty, or no contest.

The biggest mistake often made is, even if you feel that you are guilty of the crime you have been charged with, you should never enter a guilty plea at your arraignment. By doing so, several factors may result in serious penalties and possibly a permanent criminal record.

Below are a few reasons why you should plead “not guilty” at your arraignment. 

You do not have legal representation:

Often defendants do not have a lawyer at the beginning of the criminal justice process. At the beginning of the process, you have the opportunity to hire a criminal lawyer, or you can have a public offender assigned to represent you if you can’t afford to hire a lawyer of your choice. The downside of having a public defender is they have a very heavy caseload and have little time to dedicate to your case and protect you in court. If at all possible, we highly advise you seek an experienced criminal lawyer.

You will be allowed more time to find legal representation and explore legal options:

By immediately pleading guilty, you lose the opportunity to seek out available defenses that you can use that might allow your case to be dismissed or possibly have the charges lowered to a less serious offense. When you choose a “not guilty” plea, this allows more time and opportunity for you to find legal representation, have your charges fully evaluated by an experienced criminal lawyer, and examine the evidence that is being used against you.

A Plea Deal may be used to encourage you to plead guilty:
Once a guilty plea is finalized it cannot be revered. Your judge will also have the option to pass down the maximum penalties allowed by law. By going with a not guilty plea, your attorney has the option of negotiating with the prosecutor for a more promising plea deal on your behalf. If your attorney feels he can’t win your case, this is a favored option because it can result in a reduced charge or sentence in exchange for the guilty plea.

King Law Firm has been helping North Carolinians for over 30 years.  Our team of experienced criminal attorneys will fight to make it right on your behalf.  If you need serious criminal defense, contact King Law Firm today to schedule a consultation at (855) 205-9938

Alcohol Related Arrest – Will You Lose Your License?

North Carolina DWI Lawyers

Drivers who face charges related to a violation of North Carolina alcohol or drug laws could face serious penalties. One of these penalties includes the loss of driving privileges. The duration of any license suspension depends on the nature of the crime and the defendant’s criminal history.

If you find yourself facing a lengthy license suspension for an alcohol or drug-related crime, you do not have to face it alone. You may challenge the case against you, and with the right help, it may be possible to mitigate some of the penalties that you currently face. These can include jail time and expensive fines, as well as temporary or permanent loss of your driver’s license.

What could lead to a license suspension?

In North Carolina, even first-time offenders could face penalties if caught drinking and driving. However, that is not the only way to lose your driving privileges in the state. The following are some of the criminal charges that may result in losing your right to drive:

  • First-time driving a vehicle while under the influence of drugs or alcohol (DUI)Subsequent DUI arrests
  • Administrative license suspension
  • Having physical control of a vehicle after consuming drugs or alcohol
  • Driving a vehicle after underage consumption of alcohol
  • Habitual DUI offenses
  • Violating state liquor license laws
  • In-state drug suspension
  • Out-of-state drug or alcohol suspension

The length of your suspension will depend on the individual details of your case and the nature of the charges against you. At the end of the suspension period, you may have to pay a reinstatement fee to secure your driving privileges again.

Is there anything I can do to get my license back early?

In some cases, it may be possible to secure limited driving privileges after losing your license due to alcohol or drug-related criminal charges. Most of the time, you must prove that you have to drive to work or school. You have the right to explore this option and learn about potential defense options by seeking the help of an experienced attorney.

Defending against DUI and other charges

If you lost your license, you may be wondering how you can get back and forth to work or take your children where they need to go. In this type of situation, protecting your interests begins with securing the help of a defense attorney as soon as possible after your arrest. A strong defense may be able to help you secure lesser penalties, which may also include your license suspension. You have the right to know your options, which you can learn by seeking a complete case evaluation with a legal ally.

Can My Social Media Account Damage My Criminal Case?

North Carolina Criminal Lawyers

Many Social media platforms such as Facebook, Instagram, and Twitter are used to connect and communicate with friends, family, and even the entire world, whether it’s sharing personal photos and videos or posting a status update. However, if you are involved in a criminal investigation, law enforcement can use your social media activity as evidence against you.

Your social media posts can demonstrate the following:

Your actions – For example, if you were charged with DUI and police discover photos online of you and your friends binge drinking or a status update of how inebriated you are prior to the arrest, such evidence can be used to prove you were driving while intoxicated.

Your location – Check-ins are a popular way of sharing your location to keep your followers updated on your whereabouts. However, law enforcement can use check-ins to determine if you were at the crime scene when the offense occurred.

Your feelings – The police may look at status updates or comments to determine if your alleged criminal actions were premeditated. For instance, if you threatened someone online and were later involved in a physical altercation with that person afterward, your threats could be used to charge you with assault.

Although you may believe your privacy settings prevent the public from seeing your accounts, social media platforms often cooperate with criminal investigations to make an alleged suspect’s private information available. Additionally, if you attempt to delete your social media accounts, this could be viewed as destroying evidence, potentially resulting in further legal trouble.

 

If you are arrested for a crime, it is wise to stay away from social media until your case is over. If you have the urge to discuss the details of your case, only speak with your lawyer, as opposed to your friends and family on social media. Contact King Law Firm today to schedule a case evaluation with an experienced North Carolina Criminal Lawyer

Why Not Use A Public Defender

North Carolina Criminal Lawyers

A public defender is paid by the government and chosen by courts for cases concerning defendants who do not have the money to hire a personal attorney. Public defenders are often overwhelmed with their caseload and face numerous difficulties due to an underfunded public defense system.  In this short article, we will go over why you should avoid using a public defender if your Family, livelihood, and freedom is at risk.

 

Public defenders are assigned many cases

Public defenders are required to handle a large number of criminal defense cases. This leaves them overworked and they are not able to devote much time to one particular case. Many public defenders manage 90 to 200 plus cases at any given time. This translates to, your public defender may not have any of your case information when you meet before your court date. It is a fact that it takes time to prepare a strong legal defense.  But unfortunately, this is something public defenders do not have the luxury of having.

 

The majority of the public defender’s lack of specific practice area experience

While many public defenders are experienced lawyers, most do not focus on a specific area of law as private attorneys do. You may have a case that might require familiarity with a complicated area of law that your public defender has never had experience with.  This alone puts your case at a huge disadvantage when you appear before a judge.

 

Lack of helpful Resources

Almost all Criminal defense cases require access to wide-ranging resources to examine and prepare your case. This also includes hiring experts and additional assistants to help with your defense strategy. Public defenders must request and get approved for funds that are associated with their client’s defense. If their request is denied, (as it is in many instances) it can have a considerable impact on the outcome of your case.

 

Talk to a Criminal Defense Lawyer Today

If you are facing criminal charges, you should contact our legal team to get help with your defense strategy. At the King Law Firm, we are committed to serving clients in North Carolina and defending their legal rights. When you retain our firm, we will use our extensive resources to pursue the justice you deserve.

 

King Law Firm has been North Carolinians for over 35 years. Call today to schedule a case evaluation with an experienced North Carolina Criminal Lawyer.