Asheville Criminal Defense Lawyer / Asheville DWI Defense Lawyer

Asheville DWI Defense Lawyer

Driving While Impaired (DWI) is one of the most commonly charged offenses in North Carolina, but it is also one of the most serious in many ways. A conviction can mean more than fines and a temporary inconvenience. Depending on the circumstances, it can lead to jail time, the loss of your driver’s license, increased insurance rates, and a criminal record that follows you for years to come. For many, the impact on employment, family, and personal reputation is as damaging as the legal penalties themselves.

At The Pritchard Firm, we defend individuals charged with DWI in Asheville, Buncombe County, and across western North Carolina. With extensive experience on both sides of the courtroom as a former prosecutor and defense lawyer who is Board Certified as a Specialist in Criminal Law, John Pritchard understands how these cases are prosecuted, the strategies that can make a difference, and the defenses that may be available. Call today to speak with an Asheville DWI defense lawyer with the knowledge, experience, temperament and dedication to reach the best result out of the circumstances you are facing.

What Constitutes DWI in North Carolina?

Under North Carolina law, you can be charged with Driving While Impaired if you operate a motor vehicle:

With a blood alcohol concentration (BAC) of 0.08% or higher (0.04% for commercial drivers).
While under the influence of an impairing substance such as alcohol, prescription drugs, or illegal drugs.
With any amount of a controlled substance in your system as defined by law.

It is important to note that impairment does not always depend on a specific BAC reading. A driver can be charged based on observations by police officers, such as slurred speech, unsteady movements, or poor performance on field sobriety tests, even without a chemical test above the legal limit.

What to Do If You Are Pulled Over on Suspicion of DWI

For most people, a DWI charge begins with a traffic stop. What you say and do in those moments can significantly impact your case.

First and foremost, remain calm and respectful. Arguing with law enforcement or being confrontational almost always makes the situation worse. You are required to provide your driver’s license, registration, and proof of insurance. Beyond that, you have the right to remain silent about where you were, what you were doing, or how much you had to drink.

Field sobriety tests, such as walking heel-to-toe or following a light with your eyes, are not mandatory. You can, and probably should, politely decline to participate. If an officer is asking you to perform these tests, you’re probably going to get charged regardless of how you perform on them. Similarly, roadside portable breath tests (the handheld device sometimes offered during a stop) are generally voluntary for adults. However, if you are arrested and taken to the station, you will likely be asked to submit to a chemical test of your breath or blood.

Understanding Your Rights and Obligations When Arrested for DWI in Asheville

North Carolina has an implied consent law, which means that by driving on the state’s roads, you have agreed in advance to submit to a chemical analysis if lawfully arrested for DWI. Refusing this test can lead to an automatic 12-month revocation of your driver’s license, separate from any criminal penalties if you are eventually convicted of DWI.

You have the right to contact an attorney and to have a witness present during a chemical test, provided the witness can arrive within a reasonable time. You also have the right to remain silent and to avoid making incriminating statements.

Balancing these rights and obligations is not always simple in the moment. That is why having a skilled defense attorney involved as soon as possible after an arrest is so critical.

The Consequences of a DWI Conviction

DWI penalties in North Carolina are structured in a tiered system, with levels ranging from Level Five (least severe) to Aggravated Level One (most severe). The level of punishment depends on a combination of aggravating and mitigating factors, such as prior DWI convictions, having a child in the vehicle, excessively high BAC levels, or involvement in an accident causing injury. Potential penalties can include jail time, significant fines and court costs, driver’s license suspension or revocation, installation of an ignition interlock device, and conditions such as probation, community service, or substance abuse treatment programs. Even at the lowest level, the penalties can be disruptive. At higher levels, they can be life-changing.

Possible Defenses to DWI Charges

While DWI charges are serious, they are not insurmountable. A careful review of the evidence often reveals issues that can be used in your defense. For example, some of the defenses we may explore include:

Challenging the stop – Police must have a valid reason to pull you over. If the stop was unlawful, the entire case may be subject to dismissal.
Questioning field sobriety tests – These tests are subjective and influenced by many factors unrelated to impairment, such as fatigue, medical conditions, or uneven road surfaces.
Examining breath and blood test results – Chemical tests are only as reliable as the machines and procedures used. Calibration errors, improper handling, and contamination can undermine the accuracy of results.
Constitutional violations – If your rights were violated during the arrest or investigation, key evidence may be excluded.

In some cases, negotiation may be the best path, seeking reduced charges or alternative sentencing to minimize the impact. In others, the strongest defense is to take the case to trial and fight for an acquittal.

Why Choose The Pritchard Firm for DWI Defense in Asheville

Not all defense attorneys are the same. DWI defense requires not only a knowledge of the law but also a deep understanding of scientific testing, police procedures, and the ways prosecutors build their cases. John Pritchard’s experience as both a prosecutor and a defense lawyer gives him unique insight into how to challenge DWI cases effectively.

Clients choose The Pritchard Firm because we combine:

Experience – Hundreds of trials and thousands of cases in both state and federal courts.
Specialization – Board Certified Specialist in State and Federal Criminal Law.
Dedication – A commitment to treating every case individually and every client with respect.

We do not make empty promises. Instead, we provide a clear, honest assessment of your case and fight for the best outcome possible.

Serving Asheville and Western North Carolina

The Pritchard Firm is based in Asheville and represents clients throughout Buncombe County and the surrounding areas. We regularly handle DWI cases in District and Superior Court, as well as administrative driver’s license hearings before the Division of Motor Vehicles.

Take the First Step Toward Protecting Your Future

If you or a family member has been charged with DWI in Asheville or anywhere in western North Carolina, time is of the essence. The sooner you speak with a defense attorney, the sooner you can begin protecting your rights, your license, and your future.

Call The Pritchard Firm today. We will review the circumstances of your case, explain your options, and begin building a defense tailored to your situation.