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Follow our blog to stay up-to-date about current events and get tips about common legal situations!

DUI V. DWI is there a difference in NC?

Many people believe that there is a distinct difference between being charged with a DUI or being charged with a DWI. Truth be told, there is not much of a difference between these two offenses besides the acronym used to describe them. A DUI stands for Driving Under the Influence. Which can be used to designate if the driver is under the influence of alcohol or drugs. A DWI stands for Driving While Intoxicated. Both acronyms are used to describe the criminal offense that driving above the legal BAC limit.

In some states where DWI and DUI are classified as different offenses a DUI is the lesser of the two. As it designates a lower level of impairment than a DWI. All states have some form of a Zero Tolerance law for drivers under the legal drinking age. This means that drivers under 21 cannot have any level of BAC, since it is also illegal for a person under 21 to possess or use alcohol.

In North Carolina the Safe Roads Act of 1983 changed the previous drug and alcohol related driving offenses, and put everything under the category of a DWI. North Carolina uses BAC to establish sobriety level upon a suspected alcohol and driving offense. For those over the legal drinking age of 21 and having no prior DWI offenses the legal BAC limit is 0.08%. For commercial drivers and those who have prior alcohol related offenses the BAC limit is reduced to 0.04%. For drivers under the legal drinking age the BAC limit is 0.00%.

A DWI arrest is both administrative and criminal in nature, so there are two separate cases and two sets of penalties you face. The Civil Penalty will depend on the outcome of the criminal case. It pays to have a seasoned DWI lawyer on your side to guide you through the complex process. GreenWilson Attorneys at Law are skilled in DWI and all traffic related offenses. Please contact our office today for more information or to schedule a meeting regarding your personal circumstances.

AT GREENEWILSON, OUR CRIMINAL DEFENSE ATTORNEYS ARE DEDICATED TO THE PROTECTION OF OUR CLIENTS’ CONSTITUTIONAL FREEDOMS AND RESPECT FOR THEIR INDIVIDUAL CIRCUMSTANCES.

We’re here to guide you through the complicated, frightening, and often frustrating process known as the criminal justice system. We provide criminal law services at all levels in eastern North Carolina, including misdemeanor and felony trial defense, and post-conviction appellate work in both state and federal court.

To learn how North Carolina law may apply to your unique circumstances or to schedule a consultation, please contact GreeneWilson Attorneys at Law by calling (252) 634-9400 or visiting www.greenewilson.com.

 

 

(Sources: duivsdwi.org , DMV.org, the law.com)

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North Carolina Child Support Guidelines

Child Support guidelines vary between states, if you are divorced, separated or looking to become separated knowing your states child support guidelines is extremely important. All of us here at the law firm of GreeneWilson are well versed in the ins and outs of North Carolina child support guidelines, and are ready to help you and your family though the process.

Child support is determined based on the gross monthly income of both parents combined, the portion of the health insurance premium that covers the child, any work related child care costs as well as any extra costs such as medical specialists or therapy for the child. The calculation can become complicated, a good resource to start at is www.nccourts.org, where guidelines as well as child support worksheets are available to start the process. If circumstances change, child support can also be updated. The court also designated that paperwork for child support can be resubmitted and changed 3 years after the initial filing and if there is a substantial change to anything that was part of the initial filing.

We understand that this can be a long and stressful process for you and your family, and are prepared to answer questions and help make the process as smooth and pain-free as possible. Call our office at (252) 634-9400 or stop by our website www.greenewilson.com to schedule an appointment or learn more about our firm.

To learn how North Carolina law may apply to your unique circumstances or to schedule a consultation, please contact GreeneWilson Attorneys at Law by calling (252) 634-9400 or visiting www.greenewilson.com.

 

(source: NC Bar Association)

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Travel Laws and Reminders

Synonymous with summer time is traveling, whether it’s for vacation or to visit family the warmer weather always leads to more people on the road. This makes it the perfect time to review travel laws and other reminders for instate, interstate or international travel.

Instate

For our North Carolina natives it’s sometimes easy to forget the rules of the road we use almost everyday. Before you click your seatbelt be sure to set your phone to silent or connect to blue tooth, because texting and driving isn’t just against the law it’s also dangerous to yourself and others on the road. When driving on the highway be aware of police and emergency vehicles stopped on the shoulder with their lights flashing. Give them enough space and switch lanes if possible or slow down as you pass. It is just as courteous to the people stopped as it is following the law.

Interstate

Another tip before you hit the road is to check other states rules and regulations regarding driving. Cell phone laws and others vary from state to state, it is always in good practice to check your destination and drive through states Department of Transportation website before leaving.

Everywhere drinking and driving is illegal. Buzzed driving is drunk driving, so if you do plan to drink be sure to have a designated driver, or ride- share app such as Uber or Lyft on hand. The extra dollars spent paying for a driver is well worth it so that yourself and others aren’t put at risk.

International

Flying transcontinental is a big deal, and with flying comes even more polices to help protect you on your journey. Remembering to get Passports and Visas in order long before you depart is a key step. It can take several months for the documentation to process for getting a passport or visa, and leaving it to the last minute may delay your travel plans. If you are renting a car upon arrival check to see if an international driving permit is required. In some places holding a valid U.S license doesn’t cover the requirements needed to drive in that country. As always check the State Department website regarding any travel warnings or restrictions to your area, as well as TSA guidelines for baggage before you pack.

The best part about summer is vacation, and all of us here at GreeneWilson want you to have a happy, safe and fun one.

For more information or to schedule a consultation, please contact GreeneWilson Attorneys at Law by calling (252) 634-9400 or visiting 

 

(Sources: News & Observer, U.S State Department, NCDOT, BACtrack, North Carolina General Assembly) 

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