Concord | Harrisburg | Kannapolis Greater Charlotte Area

Driving While Impaired (DWI)

Driving Under the Influence (DUI)

Defending people charged with Driving While Impaired (DWI/DUI) constitutes the largest part of McCartan Law’s representation. We encourage all potential clients to take their time and ask questions before choosing an attorney.

  • Creative strategies are particularly necessary in DWI defenses, as the vast majority of the evidence used against an individual is tendered by trained witnesses (police officers and chemical analysts).
  • Simply being charged with DWI and having a Blood Alcohol Content of .08 does NOT make one guilty of the offense; it is the burden of the State to prove the elements of the offense and to validate the process by which the investigation was conducted.
  • While penalties related to a DWI conviction can be harsh, in many circumstances, they can be mitigated.

Why You Shouldn’t Panic If You Have Been Charged With DWI

Determining what led to an officer or trooper’s contact with a person is critical in defending someone charged with Impaired Driving. Whether it’s a binary, readily-observable violation of traffic law, or, a suspicion that some type of criminal activity is occurring, a DWI attorney will determine whether the seizure is reasonable and constitutional.
As it is a greater intrusion into one’s liberty than simply pulling someone over, it is especially critical that an attorney determine whether Probable Cause existed when a DWI client is arrested. As case law and administrative bodies have put legal thresholds in place, it is imperative that the State and all law enforcement officers are held to the proper burdens when taking someone’s liberty.
It’s very easy for an officer to simply invoke that someone ‘failed’ or performed poorly on Standardized Field Sobriety Tests (SFSTs). But that simple labelling isn’t sufficient to show a Court that a person was appropriately charged with DWI/DUI. A lawyer should be familiar with all of the cues/clues associated with both standardized and non-standardized dexterity tests.
Wrong. Above and beyond defenses based on the elements of Driving While Impaired, and further, the procedural mandates of Reasonable Suspicion and Probable Cause, a DWI attorney can often show items of concern regarding chemical analysis (breath or blood) that can result in suppression of certain evidence.
  • Careless or Reckless Driving
  • North Carolina DMV Revocations
  • Work and Limited Driving Privileges
  • License Restoration
  • No Proof of Insurance
  • Illegal Street Racing
  • All North Carolina Traffic Citations

Client Testimonials