Preparing for a DWI trial

If you’re facing a DWI trial date in Charlotte, you may be unsure where to begin to prepare for it. You're not alone. Facing a drunk driving charge is always frightening. 

However, with the proper preparation and a skilled Mecklenburg County DWI defense attorney in your corner, you can approach your day in court with clarity and confidence. Here's your step-by-step guide to assembling a winning case.

Retaining Your Mecklenburg County DWI Defense Lawyer

Perhaps the most critical choice you'll make is who will advocate for you in the courtroom. Our experienced Mecklenburg DWI defense attorneys are former prosecutors who understand the approach the prosecution will take to try to convict you. We’ve focused on defending clients facing DWI charges for decades and have a proven track record of achieving favorable plea bargains and securing trial victories. We’ll be fully prepared to make your best case before a judge or jury.

Gathering Evidence: How Our Attorneys Will Build Your DWI Defense

When you retain our Mecklenburg County DWI defense attorneys, we’ll immediately gather evidence to develop an aggressive defense strategy for you. Here are the steps we’ll take.

Obtaining the Prosecutor’s Evidence Against You 

Our DWI lawyers will meticulously comb through all the evidence the prosecution is using to try to convict you of DWI under N.C.G.S. § 20-138.1, including:

  • Police incident reports
  • Arrest records
  • Dash cam or body cam footage
  • 911 call recordings
  • Field sobriety test procedures and results  
  • Breathalyzer and blood test results

If any inconsistencies or gaps emerge, our DWI defense attorneys will follow up with the appropriate agencies to obtain clarification and additional evidence. 

Interviewing Relevant Witnesses

Our lawyers will identify and contact potential witnesses who may have observed your traffic stop, arrest, or the events leading up to it. We’ll take formal statements to present an outside perspective that could challenge the arresting officer's narrative.

Collaborating on Your Written Recollection

As soon as possible after your DWI arrest, write out every detail you remember from the hours before, during, and after you were arrested. We’ll thoroughly review your account to identify key facts, potential defenses, and areas needing further investigation or corroboration. 

Uncovering Your Defenses: The Next Step in Preparing for Your DWI Trial 

Once we have reviewed the prosecutor’s case against you, our lawyers will collect additional evidence to support your defense. Our legal team will then develop a defense strategy tailored to your unique situation. Some defenses that may apply:

  • Unlawful traffic stop. If officers lacked reasonable suspicion to pull you over in the first place, any subsequently gathered evidence may be inadmissible.
  • Inaccurate field sobriety test results. Many standard FSTs are subjective and prone to human error. Our lawyers can challenge the reliability of your results.
  • Inaccurate chemical test samples. Breathalyzers require regular calibration, while blood samples can be tainted by improper storage. Procedural missteps can invalidate test results. Our attorneys may hire expert witnesses to help challenge blood or breath test results.
  • Rising blood alcohol content. Your BAC may have been within the legal limit while driving, but rose above the threshold by the time of testing. Our DWI defense attorneys can present evidence to demonstrate this timeline.
  • Violations of your constitutional rights. If officers violated your constitutional rights, such as failing to advise you of your Miranda rights or denying you your right to an attorney, we may be able to have evidence obtained in violation of those rights excluded. 

What to Expect in Court as You Prepare for Your DWI Trial

You will be better prepared for your DWI trial if you know what to expect to happen in your criminal case leading up to and on the day of your trial. 

Pretrial Proceedings and Plea Bargaining

In the weeks or months leading up to trial, our lawyers will attend various pretrial hearings to file motions, obtain discovery, and negotiate with prosecutors. While most DWI cases resolve through plea bargains, agreeing to plead guilty is a highly personal choice. We’ll advise you on the pros and cons of any offers. We’ll also be fully prepared for trial if this is in your best interests or you decide not to accept a plea agreement. 

Courtroom Procedures

DWI trials in Mecklenburg County follow this standard format:

  1. Jury selection (if not a bench trial). Our attorneys will question potential jurors to assess biases and aim to create an impartial panel.
  2. Opening statements. Both our lawyer and the prosecutor will present an overview of their case theories and key evidence.
  3. Witness testimony and cross-examination. Both sides will be able to present witness testimony and evidence, and can cross-examine the opposing party’s witnesses. We’ll aggressively challenge questionable testimony.
  4. Closing arguments. The prosecutor and our lawyers will summarize our most compelling points and make a final appeal to the jury or judge.
  5. Verdict. The jury or judge will deliberate and declare a finding of guilty or not guilty.
  6. Sentencing. If you’re found guilty, the judge will sentence you. 

Throughout the trial, our attorneys will present your strongest defenses, object to improper evidence or questioning, and work tirelessly to instill reasonable doubt of your guilt.

How Our DWI Defense Attorneys Will Prepare You for Trial 

Our lawyers will explain your defenses, your options, and what to expect at your DWI trial. You do not have to testify, and this cannot be held against you. If you choose to testify in your own defense, your Mecklenburg DWI lawyer will fully prepare you for the experience. This includes:

  • Developing a comprehensive narrative that aligns with your defense strategy
  • Reviewing likely questions from both the prosecutor and us
  • Conducting practice direct and cross-examinations to increase your comfort level
  • Providing guidance on courtroom etiquette and attire

Our goal is to ensure you feel confident and well-equipped to tell your side of the story persuasively. With our Mecklenburg County DWI defense attorneys defending you, you can know that you've done everything in your power to fight for justice. Your case, freedom, and future are worth the effort.

Howard W. Long, II
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Defending Charlotte residents against criminal charges and DWI with experienced trial advocacy.
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