Newton DWI Lawyer

Newton DWI and DUI Attorney

Driving while intoxicated (DWI) is a serious offense in Newton. It can result in severe penalties if convicted. A conviction for DWI can carry jail time, fines, license suspension, and other consequences. These could affect your ability to drive or work. It is important to understand the laws surrounding DWI offenses and how they are enforced. However, not every DWI accusation is justified. Many defenses can be employed to help reduce or eliminate the penalties associated with a conviction.

Helton, Cody & Associates, PLLC, is a Newton-based law firm focusing on DUI and DWI defense. Our team of skilled and dedicated attorneys has years of experience representing clients charged with DUI offenses. We understand DUI law’s intricacies and utilize our collective knowledge to help clients fight for their rights in their cases.

DUI Defense Services

At Helton, Cody & Associates, PLLC, we offer a comprehensive range of DUI defense services, including:

• Initial Consultations and Case Evaluations: We offer initial consultations to evaluate your case and provide you with an honest assessment of your options. During the consultation, we can listen to your side of the story. Our attorneys may ask questions to understand the facts and circumstances of your case.
• Representation at DMV Hearings: If you have been arrested for DUI, you only have a limited time to request a DMV hearing. This will allow you to contest the suspension of your driver’s license. Our attorneys have extensive experience representing clients at DMV hearings and can help you protect your driving privileges.
• Negotiating With Prosecutors to Reduce or Dismiss Charges: Our attorneys deeply understand DUI laws. We can use that knowledge to negotiate with prosecutors to reduce or dismiss the charges against you. We work to find weaknesses in the prosecution’s case and use them to your advantage.
• Aggressively Defending Clients in Court: If your case goes to trial, our attorneys can defend you aggressively. We can challenge the evidence against you, cross-examine witnesses, and present a strong defense on your behalf.
• Post-Conviction Relief and Appeals: If you have already been convicted of DUI, we can still help you. Our attorneys have experience with post-conviction relief and appeals. We can help you explore your options for reducing your sentence or overturning your conviction.

We handle all types of DUI cases, including:

• First-Time Offenses: Even a first-time DUI offense can have serious consequences, including fines, jail time, and a criminal record. Our attorneys can help you understand your options and work to minimize the impact of the charges.
• Multiple Offenses: If you have multiple DUI convictions on your record, you may face enhanced penalties, including longer jail sentences and higher fines. Our firm has experience representing clients with multiple DUI offenses and can help you fight the charges.
• Felony DUI: If you are charged with felony DUI, you face the most serious DUI charges possible. We have experience representing clients in felony DUI cases. We can help you understand your options and build a strong defense.
• Underage DUI: If you are under 21 and arrested for DUI, you may face different penalties than adult offenders. Our lawyers can help you understand the unique aspects of underage DUI cases and work to protect your future.
• DUI Involving Drugs or Prescription Medication: DUI cases involving drugs or prescription medication can be complex and require in-depth knowledge. Our attorneys have experience representing clients in these cases and can help you build a strong defense.

The DUI Defense Process

Our dedicated DUI attorneys at Helton, Cody & Associates, PLLC, follow a thorough and systematic process. This allows us to build a strong defense for your DUI case. Here is what you can expect when you choose our law firm:

• Initial Consultation and Case Evaluation: During your free initial consultation, we can discuss the details of your case, review the evidence, and outline potential defense strategies. We can also provide guidance on the legal process and answer any questions.
• Pre-Trial Preparation: Our team can meticulously investigate your case, gathering evidence and identifying any procedural errors or violations of your rights. We explore all possible defenses, including challenging the validity of field sobriety tests, breathalyzer results, and the legality of the traffic stop.
• Negotiations With Prosecutors: Our DUI attorneys are skilled negotiators who can work to reduce or dismiss your charges. We can do this by presenting a strong defense and highlighting any weaknesses in the prosecution’s case.
• Trial Representation: Our experienced DUI defense team can aggressively advocate for you in court if your case goes to trial. We can present a compelling case and work diligently to protect your rights and fight for a favorable outcome.
• Post-Conviction Relief and Appeals: If necessary, we can explore post-conviction relief options. We can also guide you through the appeals process to help you achieve a desirable result in your DUI case.

What Are Common Criminal Defense Positions for a DWI Accusation?

Facing a DWI accusation can be overwhelming. Fortunately, our experienced DUI attorneys at Helton, Cody & Associates, PLLC, are well-versed in various defense positions that can be utilized to challenge the charges against you. Some common criminal defense positions in DWI cases include:

• Challenging the Legality of the Traffic Stop: One defense strategy involves arguing that the officer did not have reasonable suspicion or probable cause to initiate the traffic stop. If the stop is found to be unlawful, any evidence obtained during the stop may be deemed inadmissible in court.
• Questioning Field Sobriety Test Accuracy: Officers often use field sobriety tests to determine impairment. However, these tests can be subjective and prone to error. Our attorneys can challenge the accuracy and reliability of the tests, potentially weakening the prosecution’s case.
• Disputing Breathalyzer or Blood Test Results: Breathalyzer and blood test results can be critical evidence in a DWI case. Our defense team can challenge the accuracy, calibration, and maintenance of the testing device and the testing procedure itself. Additionally, we may present evidence related to medical conditions or other factors that could affect the test results.
• Arguing Improper Police Procedure: Law enforcement officers must follow proper procedures when conducting a DWI arrest. The arresting officer may have failed to read you your Miranda rights, mishandled evidence, or violated any other procedural requirements. If so, our attorneys may be able to use these errors to challenge the case against you.
• Presenting Alternative Explanations for Impairment: In some cases, it is possible to present evidence of other factors that could have caused signs of impairment. These can include fatigue, illness, or a pre-existing medical condition. Demonstrating that your alleged impairment was not the result of alcohol or drug use can be a powerful defense strategy.
• Affirmative Defenses: In rare circumstances, affirmative defenses can be used to justify the driver’s actions. Examples include necessity (driving under the influence to avoid greater harm) or duress (being forced to drive while intoxicated under threat of harm). These defenses can be difficult to prove but may be applicable in specific situations.

DWI Lawyer FAQs

Q: How do I get my drunk driving arrest dismissed in North Carolina?

A: A DWI dismissal in North Carolina depends on the specifics of your case and the strength of your defense. A skilled DUI attorney can assess your case, identify weaknesses in the prosecution’s evidence, and develop a strong defense strategy. Common approaches include challenging the legality of the traffic stop, the accuracy of sobriety tests, or the admissibility of evidence. While there is no guarantee of a dismissal, partnering with an experienced DUI attorney increases the likelihood of a favorable outcome in your case.

Q: How much does a DUI lawyer cost in North Carolina?

A: The cost of a DUI lawyer in North Carolina can vary depending on several factors. These include the complexity of the case, the attorney’s experience, and the geographic location. Typically, DUI attorneys charge either a flat fee or an hourly rate. Flat fees can range from $1,000 to $5,000, while hourly rates can range from $100 to $400 per hour.

Q: Can a DWI be reduced in North Carolina?

A: In some cases, a DWI charge in North Carolina can be reduced to a lesser offense, such as reckless driving, through a plea bargain or negotiation with the prosecutor. However, this outcome is not guaranteed. It depends on factors such as:

• The strength of your defense
• The specific circumstances of your case
• The willingness of the prosecutor to negotiate

An experienced DUI attorney can evaluate your case and determine the right approach to potentially securing a charge reduction.

Q: How likely is jail time for a first DUI in North Carolina?

A: In North Carolina, a first-time DUI offender may face jail time. However, the likelihood of incarceration depends on various factors, including the severity of the offense and the judge’s discretion. North Carolina uses a sentencing structure with five levels of punishment, ranging from Level 1 (the most severe) to Level 5 (the least severe). First-time offenders typically fall under Levels 3, 4, or 5, where jail time is not mandatory. Instead, the sentence may include fines, community service, and probation. Having an experienced DUI attorney represent you can help minimize the risk of jail time and negotiate for alternative penalties.

Contact Helton, Cody & Associates, PLLC, Today

If you have been arrested for a DWI in North Carolina, do not hesitate to seek legal representation. The experienced DUI attorneys at Helton, Cody & Associates, PLLC, can thoroughly review the details of your case. Our firm can provide personalized legal counsel tailored to your individual needs. We are committed to protecting your rights and fighting for the most favorable outcome possible. Contact us today to schedule a consultation. Remember, you are innocent until proven guilty, and we are here to help. We look forward to speaking with you.