Wilmington DUI Lawyer Defending You Against Drunk Driving Charges

All of North Carolina, including Wilmington, has some of the strictest and most complicated DWI laws in the nation. A person convicted of this offense will receive a mandatory license revocation, substantial fines and the possibility of a jail sentence. A second or subsequent conviction will result in mandatory jail time. If you find yourself charged with a DWI or DUI in New Hanover County, you will want to hire the best DWI defense lawyer, one who handles a substantial number of these cases and is willing to fight for your rights at trial. Your attorney must be prepared to fight all the way through trial on your behalf. At Mason, Mason, & Smith Attorneys at Law, we pride ourselves on being one of the best criminal defense firms in the area. We have the experience, knowledge and trial skills to provide you the best opportunity for a favorable outcome in your case.

North Carolina DUI Laws

Understanding North Carolina’s DWI laws is crucial for building a strong defense. The state maintains strict regulations that can result in serious consequences for those charged with impaired driving.
Under North Carolina law, you can be charged with DWI for:

● Operating a vehicle with a blood alcohol concentration of .08% or higher
● Driving while under the influence of any impairing substance
● Having any amount of Schedule I controlled substances in your system

Recent legislation has strengthened these penalties, particularly for cases involving injuries or death. Our firm stays current with all legal changes to provide you with the most effective defense possible.

The Role Of A DUI Lawyer

Navigating a DWI charge requires experienced legal guidance to protect your rights and future. With decades of experience in North Carolina courts, our attorneys provide comprehensive defense services throughout your case. Our attorneys:

● Review arrest procedures and challenge constitutional violations.
● Analyze breath test results and field sobriety evidence.
● Handle DMV hearings to protect your driving privileges.
● Negotiate with prosecutors when appropriate.
● Present compelling courtroom defense.

The best time to contact a DUI lawyer is immediately after arrest. Early intervention allows us to preserve evidence and begin building a defense strategy from day one.

DUI Defense Strategies

Each DWI case presents unique circumstances that require carefully tailored defense strategies. Our firm draws upon extensive courtroom experience to identify the most effective approaches for your situation.
Our proven defense approaches include:

● Challenging the legality of the traffic stop.
● Questioning breathalyzer accuracy and maintenance records.
● Examining field sobriety test administration.
● Investigating medical conditions affecting test results.
● Identifying procedural violations in evidence collection.

We analyze every aspect of your case to build the strongest possible defense and achieve the best possible outcome.

What To Do If Pulled Over For Drunk Driving

Being stopped for suspected drunk driving can be intimidating, but knowing how to handle the situation can significantly impact your case. Following these steps helps protect your rights and strengthens your defense options. If stopped for suspected drunk driving:

● Remain calm and pull over safely.
● Provide license and registration when requested.
● Politely decline to answer questions about drinking.
● Request an attorney before submitting to tests.
● Contact our office immediately at 910-763-8106.

Remember, every action you take during and after a traffic stop matters. Let our experienced team guide you through this challenging situation.

If You Are Found Guilty, You Face Life-Changing Penalties

Drunk driving or “driving while impaired” (DWI) is a serious offense that can seriously impact your freedom and your future. The penalties you face are based on your “level” and based on any previous offenses on your record, your age and your license type, you could face penalties like:

• Fines, including court costs and lawyer fees
• Suspension or revocation of your driver’s license
• Jail time. For some offenses, the jail time is mandatory rather than possible
• Community service
• Higher car insurance rates

Being convicted of driving under the influence can also impact your life in ways you may not be aware of, including loss of employment (and the inability to be employed in certain jobs in the future), higher insurance rates, serious financial setbacks, personal and family embarrassment, and having that conviction on your driving records for years – if not forever. With so much at stake, you probably have questions about your DUI charges. At Mason, Mason, & Smith Attorneys at Law, our attorneys are highly trained in DUI and DWI laws, and we can offer answers. We understand that the plea offers available to you are limited, and we will fight to create the best possible result for you. We have the skill to protect your rights, make your side of the story heard and potentially lessen the charges against you.

Specialized DUI Cases In Wilmington, North Carolina

Not every DUI charge in Wilmington, North Carolina, is handled the same way. Some cases involve unique circumstances that carry heavier penalties and raise serious questions about a driver’s legal rights. These cases can result in license suspension, probation or felony charges.

Drug-Related DUIs (DUID)

A drug DUI happens when officers believe a driver is impaired by prescription drugs, over-the-counter medicine or illegal substances. Unlike alcohol-related cases that rely on blood alcohol content, drug cases depend on:

• Blood or urine test results
• Officer observations and field sobriety tests
• Testimony from drug recognition experts

Because there is no clear legal limit, such as a blood alcohol content (BAC) threshold, results are open to interpretation. Errors in testing or lawful prescriptions may still lead to charges.

Penalties for a conviction can include up to 60 days in jail, fines of up to $1,000, community service and a license suspension of one year or more. Protecting your legal rights in these cases involves questioning the accuracy of tests and procedures.

Underage DUI/DWI Charges And Open Container Violations

North Carolina enforces a zero tolerance rule for drivers under 21. Even a BAC below the adult limit of .08% can result in prosecution. Open container violations may also apply if alcohol is present in the vehicle, regardless of whether it has been consumed.

Penalties for underage DUI may include:

• 30-day license suspension for a first offense
• Community service requirements
• Probation or fines up to $500
• Possible installation of an ignition interlock device

Because these cases often involve younger drivers, reviewing whether police respected their legal rights during the stop and testing is essential.

DUI Charges Involving Automobile Accidents Or Serious Injury

When a DUI charge involves a crash, prosecutors push for harsher penalties. Evidence may include accident reconstruction reports, witness testimony and BAC results.

Consequences in these cases can be severe, including:

• An extended license suspension lasting several years
• Felony charges if serious injury or death occurs
• Fines reaching $10,000
• Prison sentences of multiple years for aggravated cases

These cases hinge on whether the impairment truly caused the accident or if another factor, such as poor road conditions or another driver’s actions, was to blame. Protecting a driver’s legal rights is especially critical in these high-stakes situations.

Speak To One Of Our Experienced Attorneys

Should you ever find yourself faced with a DUI arrest, don’t wait to speak to a lawyer with the experience to advocate for you. Contact us online or call 910-763-8106 to schedule your initial consultation with a member of our team today.