Driving under the influence (DUI) of alcohol or drugs is one of the most commonly prosecuted criminal offenses in North Carolina and throughout the United States each year. If you or a family member was recently arrested and charged with DUI, it is crucial to know and exercise your rights in this situation. A Southport DUI lawyer can provide comprehensive criminal defense representation for your upcoming case.
Christina Rivenbark & Associates has helped many past clients in Southport navigate their criminal court proceedings with confidence. We know how daunting it is to face a DUI charge in Southport and the many questions you are likely to have in this challenging situation. With our help, you can better understand your rights and exercise them fully as you formulate a defense against this charge.
In every criminal case, the prosecution has the burden of proving the defendant’s guilt “beyond a reasonable doubt.” This means that their evidence must show that there can be no room for doubt as to whether the defendant committed the offense. Additionally, the facts must show that due process was upheld throughout the entire arrest and booking process and that all evidence was obtained legally.
Your defense attorney’s job is to prevent the prosecution from meeting their burden of proof. The team at Christina Rivenbark & Associates knows the Southport criminal court system and how local prosecutors pursue convictions in their cases. We will look for all available avenues of defense that may help with your case and will do everything we can to assist you in reaching a positive conclusion to your case.
Every driver in the state gives their implied consent to DUI testing if they are suspected of driving while under the influence of drugs or alcohol. This means a driver is required to submit to a preliminary alcohol screening if they are stopped for suspected DUI. A driver may refuse this test, but the police officer could use their refusal as grounds to arrest them for suspicion of intoxicated driving, and the driver will be required to submit to a test after this.
Refusal of a chemical test would also result in an automatic driver’s license suspension for up to one year, and their test refusal would be used against them in subsequent criminal court proceedings. Your defense may hinge on proving that the police officer lacked probable cause to arrest you and conduct the test, that the test was faulty in some way, or that your rights had been violated by the arresting officer.
Christina Rivenbark & Associates can help you make clearer sense of your defense options after an arrest for DUI in Southport. We will review the police report from your arrest and listen to your side of the story to determine your most viable defenses in this situation. Our goal in every criminal case we accept is to help our client avoid conviction if possible, but if necessary, we will do everything we can to minimize their penalties in sentencing.
A: The cost to hire a Southport DUI lawyer will depend on the lawyer’s billing policy and the time they will need to spend working on your case. The majority of criminal defense attorneys in the state bill their clients with an hourly rate, so the more time they spend working on a case, the more it costs the client in legal fees. Always clarify a potential attorney’s billing policy before agreeing to their representation so you know what to expect with your legal fees.
A: The penalties for DUI in Southport usually include a fine and a driver’s license suspension, and it is also possible for the defendant to face jail time. The state escalates DUI penalties with multiple convictions, so the penalties for a second DUI are likely to be significantly more severe than the penalties for a first DUI conviction. Penalties will also escalate if the defendant causes an accident, resulting in injury or death.
A: In a criminal case, a plea bargain is a deal struck between the prosecution and defense. If the prosecution believes they have more than enough evidence to secure a conviction, they may offer a plea bargain to the defendant in an effort to conserve court resources. For example, they may offer lighter penalties in exchange for the defendant entering an immediate guilty plea, speeding up the resolution of the case.
A: It is possible for a Southport DUI lawyer to help their client stay out of jail, but it is important to remember that every case is unique, and no defense attorney can ever promise any client a specific outcome to their case. Having experienced defense counsel representing you is an invaluable asset that greatly improves your chances of reaching the most positive outcome for your case.
A: It is possible to have a DUI dismissed in the state if you can prove that the police officer who conducted the traffic stop that led to your arrest did not have probable cause to initiate the stop. It may also be possible to prove that you were not actually intoxicated and there was a problem with the test you took or that you have a medical condition that would have caused you to have a false positive on a chemical test for DUI.
The team at Christina Rivenbark & Associates has decades of professional experience resolving all types of cases for our clients in Southport and surrounding communities, and we have successfully defended many past clients in DUI cases. If you or a family member has been arrested for DUI, we can help. Contact us today to schedule a free consultation with a Southport DUI lawyer you trust to defend your rights.