Driving While Impaired (DWI)

Chris Shumate is a talented and experienced Charlotte DWI attorney who is equipped to handle any driving while impaired (DWI) case. He has successfully defended many clients in Charlotte and the surrounding areas. When you are charged with a DWI, a conviction can carry serious consequences. Due to the dire consequences, it is important to contact a knowledgeable Charlotte DWI attorney as soon as possible after your arrest to ensure that your rights are preserved. In addition to hiring a criminal defense lawyer, a basic understanding of the DWI laws in North Carolina is important when you have been charged with driving under the influence.

N.C.G.S. 20-138.1 is the applicable statute for a North Carolina DWI case.  In North Carolina, it is unlawful for any person to drive a vehicle upon a highway, street, or any public vehicular area within the state while impaired. Alcohol, prescription medication, and illegal drugs are all considered to be impairing substances by the state. It is illegal in North Carolina to drive a car while your blood alcohol concentration (BAC) is .08 percent or higher. A person's BAC is affected by various factors: the number of alcoholic drinks consumed, the concentration of those drinks, food consumption, the individual's weight, drinking habits, the interval between the first drink and the last drink, etc.  It is important to note that even if your BAC is lower than the legal limit, you can still be prosecuted for a DWI under North Carolina law.  The state's burden of proof in North Carolina is "impairment"; the .08 BAC standard is simply one way the state may establish impairment.  If you are facing a DWI charge in Charlotte, it is imperative you discuss the specifics of your case with Mr. Shumate to properly understand these nuances.  

North Carolina has a zero tolerance law for several categories of drivers.  A driver under 21 years old, who operates a motor vehicle with any amount of alcohol in the bloodstream is subject to the charge of Driving After Consuming Under < 21. The state also has a zero tolerance law for school bus drivers.  It is illegal to drive a commercial truck with a BAC of .04 percent or higher, or while under the influence of any other impairing substance.  Following a DWI conviction, the North Carolina DMV also imposes a .04 restriction on individuals.  

BAC is determined by a chemical test of the blood, breath, or urine of the person being charged. North Carolina has an implied consent law that states that “any person who drives a vehicle on a highway or public vehicular area thereby gives consent to a chemical analysis if charged with an implied-consent offense.” Driving under the influence is an implied-consent offense, so you must submit to chemical testing to avoid further penalties. You can refuse the test, but your driver's license will be revoked for one year and could be revoked for a longer period of time if you do so.

Mr. Shumate employs a legal strategy that is specifically tailored to each client.  Chris will analyze each piece of evidence in your case to prepare the best trial strategy for your case.  We will work with you regardless of the circumstances to achieve the most favorable possible result for your case.  We believe we can always improve your position.  You must remember there are various ramifications to a DWI charge, such as: active jail sentences, DMV suspensions, significant court costs / fines, community service requirements, assessment / treatment requirements, etc.  Chris understands the various issues of a DWI charge and guides clients through each part of the case.   

A DWI charge is a serious matter, and having a professional on your side is imperative to ensure that your rights are preserved. Chris Shumate knows what is at stake, and he is an experienced and aggressive Charlotte DWI attorney. Our office is efficient and Chris puts your needs first. Contact The Shumate Law Offices now for a free consultation and be confident that your DWI case is in capable hands.

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At The Shumate Law firm, we work daily to maintain a consistent track record of positive legal results for you, earning your confidence and trust.

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