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Do Motorists Have to Be Driving for a DWI Charge in Raleigh?

— May 15, 2023

If a person has prior traffic violations or three demerit points this is also considered as aggravating factors.

Most drivers are not well-versed with the laws regarding driving while intoxicated, and the responsibilities they are expected to follow. Those who are pulled over and arrested for a DWI charge will need lawyers to help guide and support them throughout the process. What most drivers do not know is they don’t necessarily need to be driving their vehicle for them to face the DWI charge. They can also face the DWI charge if they simply had actual physical control of the vehicle, even if the car was not in motion. There is some grey area over here and anyone who needs help to better understand their legal situation and the steps to follow should connect with Raleigh DWI lawyers as soon as they get the chance.

Once the defendant obtains valuable advice from North Carolina DWI lawyers, they will be able to improve their chances of turning their case around for the better, so their rights are also heard and respected when they go to court. A lot of evidence will be needed to help prove that the defendant was innocent or that they were wrongfully arrested. The more evidence they can gather to show that the BAC levels were inaccurate or that their rights were violated during the arrest, the higher their chances are of having their case heard. 

What Are Aggravating and Mitigating Factors in a DWI Case?

Image by Wannapik Studios.
Image by Wannapik Studios.

A DWI conviction will almost always be followed right away by a hearing. In this hearing the evidence will be presented to declare whether this DWI case will lead to aggravated charges, or if the original charges can be mitigated since the situation was not as severe or there was not enough evidence to prove the DWI charge by the prosecutor. 

This is a very sensitive step and anyone who needs help with their case should contact DWI lawyers right away, so they receive proper help with their situation. The gross aggravating factors that may be associated with DWI include those drivers who had previous convictions of a similar nature, or they were driving with a minor in their vehicle. 

Aggravating factors include having a high BAC above 0.15% or reckless driving and speeding while DWI. If a person has prior traffic violations or three demerit points this is also considered as aggravating factors.

If the driver’s BAC was low or they were intoxicated on a prescribed drug, then these facts can work as mitigating factors and make it easier for individuals to have lower penalties. DWI accident lawyers will look at the details of a person’s case and let them know where they stand as well as help them throughout the confusing legal procedures.

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