DWI Conviction Comes With No Jail Time, Reduced Costs, and Driving Privileges

Phase One – DWI Detection: Vehicle in Motion

In 2017, the Matthews Police Department stopped an unknown vehicle for a traffic violation on I-485. While the officer’s patrol car was stopped on the right shoulder of the highway, with its blue lights on, a Browning & Long, PLLC client passed the officer’s patrol car in the right lane closest to the officer at a high rate of speed. At this point the officer ended his initial traffic stop and started to follow our client. Further review of the officer’s dash cam revealed that our client crossed the right fog line twice and the left center line once by more than a tire width each, and over only a short distance of travel, while the officer was in pursuit of our client. Once our client pulled his car over to the side of the road, he failed to pull it completely over, leaving half the car in the lane of travel.

Phase Two – DWI Detection: Personal Contact

When the officer approached the Browning & Long, PLLC client, he indicated that he could smell a strong odor of alcohol coming from our client’s breath, that he had red glassy eyes, and his speech was slurred. The officer also said our client had difficulty accessing his driver’s license and was unsteady on his feet using the car for balance when asked to step from his vehicle. Additionally, the officer stated that our client admitted to drinking three beers and a few shots within the last two hours at a nearby bar.

Phase Three – DWI Detection: Pre-Arrest Screening

As a result of his observations, the officer requested that our client perform a Portable Breath Test (PBT) and several Standardized Field Sobriety Tests (SFSTs). The PBT showed a positive result for the presence of alcohol on two separate tests. The SFSTs the officer administered to our client included the Horizontal Gaze Nystagmus (HGN), the Walk and Turn (WAT), and the One Leg Stand (OLS). Of the possible indicators of impairment, the officer said that our client showed six of six on the HGN, seven of eight on the WAT, and three of four on the OLS.

Based on the totality of the circumstances, the officer placed the Browning & Long, PLLC client under arrest for Driving While Impaired and Unlawfully Passing an Emergency Vehicle. Our client was then transported to the Matthews Police Department, where he provided a breath sample on the Intox EC/IR II. The machine returned a result of 0.14, which was above the legal limit of 0.08 or greater.

DWI Plea and Sentencing

Based on the considerable amount of incriminating evidence against our client that was evident after thoroughly reviewing our client’s file, subpoenaing and examining all available documents, notes, and videos, filing appropriate pretrial motions, interviewing the arresting officer, and speaking with the District Attorney’s Office, the attorneys at Browning & Long, PLLC decided that it was in their client’s best interest to accept a plea to Driving While Impaired and to mitigate the potential consequences associated with such a conviction.

Because of the advice and efforts put forth by the attorneys at Browning & Long, PLLC, our client’s sentence was at follows:

• DWI Level 5, the lowest sentencing level possible for a DWI
• NO Active Jail Time
• $100 Fine, the lowest possible fine
• 24-Hours of Community Service, the lowest possible number of hours by statute
• Substance Abuse Assessment and Treatment, which was completed before sentencing
• Extended Driving Privileges, allowed client to continue driving for purposes such as household maintenance, education, and employment

Contact the Attorneys at Browning & Long, PLLC to Discuss Your DWI Case

Every DWI case we review, we do so with the intention to fight for our clients. Sometimes, fighting for our clients means that we must take a case to trial. Othertimes, fighting for our clients means assisting them to position themselves to accept a plea with mitigated consequences. We do both, because we have our clients' interests in mind. If you have been charged with DWI, feel free to contact our office for a free consultation and to discuss the specifics of your DWI case with our attorneys. Not only do we promise to fight for you, we also promise to be honest with you.