Driving While Impaired (DWI) Defense Attorney in Salisbury and Rowan County

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A charge for Driving While Impaired (DWI), also commonly known in other jurisdictions as Driving Under the Influence (DUI), is one of the most serious traffic related offenses under North Carolina law. It is a criminal charge that can affect your freedom, your driver’s license, your job, your insurance, and your record for many years.

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Kruger Law Firm, PLLC and Attorney Jake Kruger represent individuals charged with DWI in Rowan County, Davie County, and Davidson County, focusing on both immediate damage control and long term protection of your rights and driving privilege.

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What Is “Impaired” Driving in North Carolina

You can be charged with DWI in North Carolina if you operate a vehicle on a highway or public vehicular area while:

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• Having an blood alcohol concentration of 0.08 or more

• Having an blood alcohol concentration of 0.04 or more if you are a commercial driver

• Being under the influence of an impairing substance, including alcohol, illegal drugs, or certain medications

• Having any detectable quantity of drugs or alcohol in your system if you are under the age of 21

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Importantly:

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• You can (and often will) be charged with DWI even if you refused the breath test

• If you refuse the breath test, your license will be suspended for one year

• You can be charged based solely on impairment from drugs, or based on a combination of drugs and alcohol

• Having a prescription for the drugs is not a defense to DWI

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Attorney Jake Kruger carefully reviews how the officer concluded that you were “impaired” and whether the State can actually prove that allegation.

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The DWI Criminal Process in Rowan County

Most DWI cases in Salisbury and Rowan County follow a similar pattern:

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• Initial stop. A traffic stop for speeding, weaving, equipment problems, other clues and signs of impaired driving, or a checkpoint stop

• Roadside investigation. Officers will ask questions about drinking and/or drug use. Field sobriety tests, such as walk and turn, one leg stand, and horizontal gaze nystagmus (HGN). Portable breath test at the roadside in many cases

• Arrest and transport. If the officer believes there is probable cause, you are arrested and transported for chemical testing

• Breath or blood test. Stationary breath test on an Intoximeter (Intox EC IR II), and/or Blood draw for drugs, certain cases, and/or refusals

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License Consequences After a DWI Charge

A DWI in North Carolina affects your license in several ways, often before the case is even heard in court. Common issues include:

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• Civil license revocation. If you blow 0.08 or higher your license will be suspended for 30 days automatically.

• Refusal Suspension. If you refuse to comply with breath testing, your license can be suspended for one year regardless if you are convicted of the DWI or not

• Longer suspensions after conviction. A first conviction results in a one year license revocation, with possible limited driving privileges in certain situations. Second, third, and subsequent convictions can lead to much longer revocations and possible permanent loss of your driving privilege

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Attorney Jake Kruger routinely helps clients in Rowan County, Davie County, and Davidson County pursue limited driving privileges when available and works to avoid or reduce long term damage to their license.

Criminal Penalties for DWI

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North Carolina uses a structured sentencing system for DWI with potential sentencing levels of Level A1 through Level 5, depending on grossly aggravating, aggravating, and mitigating factors. Potential penalties can include:

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• Court costs and a fine

• Jail time or suspended active sentences

• Supervised or unsupervised probation

• Community service requirements

• Substance abuse assessment and completion of recommended treatment

• Installation and maintenance of an ignition interlock device in some cases

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The presence of factors such as very high alcohol concentration, prior DWI convictions, child passengers, serious injury, or especially dangerous driving can significantly increase the severity of a potential sentence.

Every DWI case is unique and determining the potential level from a conviction is one of the first steps to planning an effective case management strategy whether the plan is to take the case to trial, or work to minimize sentencing consequences through developing mitigating factors.

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Defenses and Issues in DWI Cases

DWI defense is highly fact specific. We carefully examine every part of the case to check for potential triable issues, including:

• Was the traffic stop lawful, or were your rights violated at the outset

• Were field sobriety tests administered and interpreted correctly

• Did the officer have probable cause to arrest

• Was the breath or blood test properly administered

• Will the state’s analyst be able to properly testify against you

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Possible defense strategies can include:

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• Filing motions to suppress evidence or dismiss charges

• Contesting whether the State can prove you were actually impaired at the time of driving

• Negotiating to dismiss additional charges, or for better sentencing outcomes when appropriate

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Attorney Jake Kruger has undergone training and certification through the National Highway Traffic Safety Administration (NHTSA) program for DWI Detection and Standardized Field Sobriety Testing, which means he has the same training and certification as law enforcement officers when it comes to standardized field sobriety tests (SFSTs), which he can use against an officer if a case goes to trial to make sure the tests were properly performed.

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Kruger Law Firm, PLLC tailors the approach to the facts of your case and your goals, whether that means aggressively contesting guilt or focusing on minimizing penalties.

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Out of State Drivers Charged With DWI in Rowan County

If you live outside North Carolina and were arrested for DWI while passing through Salisbury or Rowan County, Attorney Jake Kruger can often handle many aspects of the case without requiring you to appear in person at every court date, while still working to protect your long term interests.

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Limited Driving Privilege After a DWI

One of the most urgent concerns for many people charged with DWI is how they will get to work, school, or medical appointments while their license is revoked. In some cases, North Carolina law allows a Limited Driving Privilege so you can drive for essential purposes during certain hours and under specific conditions.

A Limited Driving Privilege does not restore your full license, but it can make the difference between keeping and losing a job while your case or revocation is pending.

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Civil Revocation Privilege

After a DWI arrest, many drivers face an immediate 30 day civil license revocation. In some situations, Attorney Jake Kruger can help you apply for a pretrial Limited Driving Privilege that allows you to drive during part of that 30 day period.

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Limited Driving Privilege After DWI Conviction

If you are convicted of a DWI in North Carolina, and you meet statutory requirements, you may be eligible for a post conviction Limited Driving Privilege. In many cases, this requires:

• Completion of a substance abuse assessment and enrollment in recommended treatment

• Proof of financial responsibility, usually through insurance documentation (DL-123)

• $100.00 application fee paid to the court after your case is resolved

• Payment of $100.00 if there was a 30 day civil revocation period

• A letter from your employer or other organization detailing specific times you need to drive

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For some drivers, an ignition interlock requirement may also apply, especially when the alcohol concentration was at or above certain thresholds.

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What To Do After a DWI Arrest

If you have been charged with Driving While Impaired:

1. Do not discuss details of the incident with anyone other than your attorney

2. Contact an attorney as soon as possible to protect your rights

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Contact Us for a Consultation

If you are facing a DWI charge in Salisbury, Rowan County, or elsewhere in North Carolina, Kruger Law Firm, PLLC can help. Attorney Jake Kruger will review the facts of your case, your driving history, and the potential consequences, then build a strategy aimed at protecting your license, your record, and your future.