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North Carolina
Driving Under the Influence - DUI - Questionnaire

North Carolina Driving Under the Influence - DUI - Questionnaire

Category:

Criminal - Driving under the Influence

State:

Multi-State

Control #:

US-Q1012

Format:

Instant download

Description

This form addresses important considerations that may effect the legal rights and obligations of the parties in a DUI/DWI matter. This questionnaire enables those seeking legal help to effectively identify and prepare their issues and problems. Thorough advance preparation enhances the attorneys case evaluation and can significantly reduce costs associated with case preparation.

This questionnaire may also be used by an attorney as an important information gathering and issue identification tool when forming an attorney-client relationship with a new client. This form helps ensure thorough case preparation and effective evaluation of a new clients needs. It may be used by an attorney or new client to save on attorney fees related to initial interviews.

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FAQ

Common tests include the one leg stand test, the horizontal gaze nystagmus test, and the walk-and-turn test. These are considered ?standardized? or reliable field sobriety tests in North Carolina. In some situations, an official may also include non-standardized tests, such as saying reciting the alphabet.

Although a DWI charge will not be reduced in North Carolina, if you a charged with multiple crimes along with your DWI an experienced attorney can negotiate with the prosecutor to have those charges dismissed pursuant to a plea.

Elements of a DWI Case That Must be Proved for a Conviction Driving: The State must show that you were the person who was driving. A vehicle: The State must prove that the device you were driving was a vehicle. While impaired: The State must establish that you were under the influence of an impairing substance.

DWI sentencing in NC is structured into six levels. From most severe to least severe, the DWI sentencing levels are: Aggravated Level One, Level One, Level Two, Level Three, Level Four, and Level Five. The DWI sentencing law is outlined in the North Carolina General Statutes (N.C.G.S.) § 20-179.

In North Carolina, standard field sobriety tests include the horizontal gaze nystagmus test, the walk and turn test, and the one-leg stand test.

The cost of all NC DWI Assessments is established by the Legislature of the State of NC law at $100. No agency in the state of NC is allowed by law to charge you more or less than the lawful $100 fee. Getting your assessment completed before court is an advantage at the trial. Consult your attorney for advice on this.

If you have been convicted of a DWI (Driving While Impaired), you must get a substance use assessment. You must also complete either an education program or treatment program. If you fail to submit to a breath test or if you are registered over 0.14%, you will be referred to treatment.

This pamphlet instructs police in conducting the three most reliable field sobriety tests: the horizontal-gaze-nystagmus (HGN) test, the walk-and-turn test, and the one-leg-stand test.

Some examples of field sobriety tests include standing on one leg, walking in a straight line and turning, and standing straight while placing one's finger to their nose. Loss of balance or a failure to follow directions might indicate intoxication.

Levels of Intoxication in NC DWI Laws If you are 21 years or older, you can be convicted of DWI if you have a BAC in excess of . 08% of above. If you are driving a commercial vehicle, your BAC cannot exceed . 04% alcohol.

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