Gaston County DWI/DUI Checkpoints- A St. Patrick's Day Celebration

For those of you who celebrate the Irish and are looking forward to St Patrick's Day- celebrate with caution in Mecklenburg and Gaston County. According to the Charlotte Observer, the Gaston County Police Department is in the middle of an eight day crackdown of DWI/DUI drivers and unlicensed drivers in Gaston County. The checkpoints started Friday night and will continue through the week.

As a former prosecutor and now criminal defense attorney in North Carolina, I can unequivocally state that having a designated driver or a cab company's phone number programmed into your cell phone is the best option. Do not depend on the luck of the Irish to get you home this week. The cab fare of $50 may seem a bit steep at the time, but the costs of a DWI are much higher. If you go the designated driver route, some bars such as Freeman's Pub on main street in Gastonia are offering free appetizers and non alcoholic drinks to designated drivers.

CMPD DWI Checkpoints

Charlotte Mecklenburg Police were out in force last night. According to the Charlotte Observer, CMPD set up a DWI Checkpoint at the 600 Block of East 7th Street near North McDowell Street. After issuing 40 charges, including 12 DWI arrests, CMPD closed up shop.

DWI Checkpoints cannot be set up on a whim. They must adhere to strict constitutional standards set forth by not only the North Carolina appellate courts, but also the US Supreme Court. Interestingly enough, DWI checkpoints have different guidelines than a simple general license checkpoint. If you were arrested as a result of a DWI checkpoint or any checkpoint set up by a police department, it is important that you have an attorney review your case. I had a case dismissed based upon a lack of probable cause to arrest by CMPD resulting from my client being stopped at a license checkpoint.

Go to Jail for A DWI in North Carolina?

If you or a loved one are facing a DWI, you are probably asking yourself if the possibility of going to jail exists. If going through the arrest process, spending time at the county jail, waiting for your bond to be posted,  getting your vehicle back, and telling family and friends about the incident isn't already enough, you now are asking if you will go to jail for a DWI in North Carolina.

The punishment for a North Carolina DWI will vary from serving no jail time to substantial jail time. A number of the following factors will affect your sentencing:
* whether you have a prior dwi offense
* The breathalyzer or blood alcohol result
* If you had a child in your car under 16 years of age at the time you were arrested
* Your prior driving record
* If you have completed a substance abuse assessment

In North Carolina there are 5 levels of sentencing for a DWI. Depending on a number of factors, including those listed above, will dictate what level you are at and what punishment awaits you.
Level 5: 24 hours to 60 days in jail
Level 4: 48 hours to 120 days
Level 3: 72 hours to 6 months
Level 2: 7 days to 1 year
Level 1: 30 days to 2 years

Before you start to panic, there are many things that can be done to prevent you from going to jail. Many DWI cases are flawed. The District Attorney must proved each element beyond a reasonable doubt. Did the officer see you driving? Did the officer have probable cause to arrest you? Did the officers violate the 4th Amendment when they stopped you at the DWI checkpoint? Were the proper field sobriety tests given? Was the breath machine working properly? Did the District Attorney give you proper legal notice that they were going to admit your breath results at trial? These are only some of the questions that must be answered before a person considers admitting guilt to a DWI in North Carolina. Don't throw the towel in yet- there is a lot that can be done to make sure your rights are protected.

If you ultimately decide to admit guilt, it is important that you are prepared for sentencing. North Carolina has aggravating and mitigating factors that a judge must consider at sentencing. A mitigating factor, like a clean driving record for a period of time or obtaining a substance abuse assessment prior to sentencing, can help decrease your ultimate punishment. An attorney can ask that your jail time be 'suspended', meaning not imposed if you abide by your probation terms. If you have prior DWI's and are facing substantial jail time, an attorney can ask the judge to allow you to serve your jail time in a residential treatment facility where you can continue to work.

DWI Checkpoints in Charlotte this Labor Day Weekend

Labor Day weekend is here, summer is officially coming to an end. The usual Friday morning hustle was ending earlier than usual at the Mecklenburg County Courthouse this morning. If you are heading out of town this weekend, watch your speed. According to the article in the Charlotte Observer today both the North Carolina and South Carolina Highway Patrol are going to "aggressively enforce the speed laws" according to Highway Patrol Commander Col. Harry Glover. A hot spot of activity should be the NC/SC state line where I77 and I485 meet.
http://www.charlotteobserver.com/topstories/story/927297.html

The Booze it and Lose it campaign  celebrates its 15th year anniversary this Labor Day weekend and is in effect through September 7th. Cabarrus county has a DWI/DUI checkpoint scheduled for Saturday night following up the one they held last Saturday night on Highway 49 in Harrisburg. Here is a link to the article on the hot spot of DWI activity in Cabarrus County on News14 Carolina.
http://news14.com/content/top_stories/613650/checkpoint-focuses-on--hot-spot--of-dwi-activity/