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DWI / DUI Lawyer Asheville, NC

DWI/DUI

You are here because someone you care about has been arrested for DWI. You are seeking information and searching for answers on the internet. Here is the good news. We are here to defend you and will provide substantive initial information and guidance on what to do right now. We will explain the process and what to expect. We will also show you how to get your license back so you can go to work, school, or pick up your children. Of course, this information is general in nature. For more specific legal guidance, we will need to meet and review the particular circumstances of your case.

Under current NC law, our first and preferred option is to file a DMV suspension challenge hearing. Timing is critical here. You have just ten (10) days after arrest to pursue this option. Otherwise, this option is lost. In this proceeding, the State of North Carolina has three (3) days to respond. In many cases, they actually waive this right, and we go forward with your petition before a District Court judge. If successful, your driver’s license (NC resident) or driving privileges (if from another State) are restored in full. No restrictions. No limitations, and best of all, no additional costs. In most cases, you have just 10 days from the date of your arrest to retain your driving privileges or to obtain an administrative hearing so you can continue to go back and forth from work or school. Call Scott today for a free consultation on your case and learn what you need to do. 828-333-4867.

Scott Dillin is uniquely qualified to handle your case. As a former District Attorney, he has intimate knowledge of the procedures that go into the prosecution of cases like yours -- and the contacts to help expedite the process in your favor. Your time is important, and any delays can unnecessarily threaten your ability to keep your license and/or driving privileges.

I’ve just been arrested for DUI. What happens now?

You’re going to have a lot of questions. Call for a free consultation and to go over a case strategy. When you call for a consultation, you will deal directly with Scott; not a legal secretary, and not some junior associate. This level of one-to-one communication makes it easier to get your case handled quickly and most effectively.

At the time of my arrest, the officer confiscated my driver license. How do I get it back?

You are eligible to obtain your license after 30 days and payment of the $100 fee. However, if driving is a priority we can help you obtain a limited driving privilege as early as 10 days after the arrest without the need for you to go to court.

Do I need a hearing to get a restricted driver license to go to and from work?

Normally we can obtain a pre-trial limited driving privilege without the need for you to attend a hearing. Should you be found guilty of DWI, we will help to arrange a limited driving privilege to allow travel for work and school for eligible drivers.

What am I supposed to do with the ticket and other papers the officer gave me?

Keep all documentation for your initial consultation. This includes your original ticket, suspension documents, and Intoxilyzer results showing Blood Alcohol Content. Sometimes these documents reveal fatal flaws in the State’s case against you.

What is the purpose of an administrative hearing and what can it do for me?

If you’ve refused to submit to a chemical test, your license will be automatically revoked for one year. Sometimes, there are legitimate reasons why you could not submit to such a test, and you must request a hearing within a very short time frame to preserve this ‘appeal’.

I was on court-ordered probation for a DUI conviction and have been arrested for DUI. What happens now?

If you have a probation officer, they will likely be in contact regarding your new charges to arrange a probation violation hearing. Some wait until the new charges are resolved, but this is not always the case. It is important to contact us as soon as possible to discuss your options and to minimize the impact on your record and finances. First Offense In North Carolina, the state’s DMV is very strict when it comes to all DWI charges, regardless whether it is for a first offense arrest or not. They can and will suspend a person’s driver’s license unless the driver can successfully win the case at the DMV license revocation hearing. The length of time for how long a license suspension will be for with a first offense DWI case, will be determined by a number of factors and information within the driver’s arrest details and police report.

Three of the most important facts that determine how long a license will get suspended for a DWI include:

  1. If a driver has a prior DWI offense on their record, in NC or any other state.
  2. Whether there was an accident with injuries or property damage
  3. Did a driver refuse to take a Breathalyzer or blood test by police

Second Offense

Then you are arrested for DWI in the state of North Carolina you are probably very concerned about what could happen to you, and that’s understandable. If you are facing a first offense DWI, that’s tough enough. But if you are charged with a second offense or other enhanced penalties, you need to understand the complex DWI levels system. DWI’s are charged as Level 1-5, with Level 5 DWI indicating a first offense, low blood alcohol content, no accident, no aggravating circumstances, and Level 1 being the harshest.

With any DWI, you will face certain penalties. Things like jail time and fines, though, are dictated by the DWI Level you are charged with.

Level I

  • Jail Time - 30 days- 2 years
  • Fines - Up to $4,000

Level II

  • 7 days- 1 year
  • Fines - Up to $2,000

Level III

  • 72 hours- 6 months
  • Fines - Up to $1,000

Level IV

  • 48 hours- 120 days
  • Fines - Up to $500

Level V

  • 24 hours- 60 days
  • Fines - Up to $200

Yes, there are always opportunities to fight the case in court, and take it all the way to trial, if necessary. We can challenge the reason the police pulled you over in the first place, challenge the validity of the so-called field sobriety tests. We can also challenge the science or the breath test machine, or question that is was used property according to police training, and make sure it’s maintenance records are current.

If we are looking to negotiate a deal, we may be able to get some charges reduced. Depending on your circumstances we may be able to help you get probation in lieu of jail time.

Cost of a DUI in Asheville, North Carolina

When arrested and charged with DWI, your driver’s license (if you are a NC resident) or your driving privileges (if you are from another state) is taken away for thirty (30) days. At the end of that period, you will have to pay a civil restoration fee of $100.00 to get your license back and be able to drive in North Carolina. If you are from another state, you can drive anywhere on your home state’s license except North Carolina. Once you get your license back, you can drive at will until the final outcome of your criminal DWI case, whether by plea or trial. If you win your case, there is no further interruption of your ability to drive. If you lose or plea, your license will be suspended for one (1) year. However, in most cases, you can petition the court for a post-trial limited driving privilege.

You will also be required to complete an alcohol assessment, community service hours and ADETS (Alcohol Drug Education Traffic School) in addition to fines and jail time, depending on your BAC level you could also be required to purchase, install, use and maintain a "blow and go" BAC ignition device on your vehicle and/or find other means of transportation such as mopeds, bicycle's, or scarce public transit options.

Asheville Area ADETS Providers

Beyond Addiction

Mountain Treatment Center

Second Spring Counseling

Asheville Area Alcohol Assessment Offices

The Relationship Center

October Road, Inc.

Angel Light A Center for Transformation

Choosing the right Asheville DUI Attorney

The decision of which DWI attorney to retain is critical and can often make a real difference in the outcome. DUI law is both technical and complex. Lawyers who have a general practice should be carefully scrutinized. Criminal court often involves going to trial. Look for an experienced trial attorney who practices DWI law regularly, if not every day. After reviewing years in practice and other credentials, we also encourage clients to personally meet with several different firms. In the end, you should hire the DWI lawyer who is able to answer your questions, gives you confidence in their ability, and places you at ease. DWI cases take months to complete. You and your lawyer will spend significant time together as you work through the process. Make sure you are comfortable in all aspects with the DWI attorney you hire.

The cost of a DWI can be enormous. Let us take a look at your circumstances and determine the best route to take. We are very experienced in these matters. Don't try and do it alone.

Contact us today for a free consultation - 828-333-4867

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Contact Information

1 Oak St #209
Asheville, NC, 28801

828-333-4867

scott@wnclawyers.com

Open Monday - Friday: 9:00 am - 5:00 pm

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Testimonials Past Clients Love Scott!

Hana Lin
Great and powerful Attorney !
William Hunter
Scott has done some outstanding work for me and my family. He is thorough and gets the job done in a timely manner.
James Hughes
Mr. Dillin did not settle for any other outcome than the one we wanted! Excellent communication throughout the process. I HIGHLY recommend Mr. Scott K. Dillin for representation!
Lindsay Wineka
Mr. Dillin assisted me with a traffic violation in Buncombe Co. He was very prompt in responding to my message and just as prompt in tending to the matter. I received great satisfaction from his services. He was able to resolve the matter and prevented me from having to return to the county for court. I love Buncombe Co. but, watch yourself! Thank you Mr. Dillin for your very professional service.
Mark Burdette
Scott handled a traffic citation for me. Reasonable fee and excellent outcome. I wouldn't hesitate to use Scott in the future.
Butler Team
Answered the phone on a Friday at 5, very helpful. Would recommend.
Cal Underwood
I received a traffic citation. Scott politely listened to my sad story, gathered the facts (no traffic offence in 20 years), educated me as to how the system worked and handled it on my behalf such that I didn't have to appear in court and my insurance would not be affected. I could not have asked for better representation.
beastcli 8
He made the process easy. I had a speeding ticket. I called him. I sent him my paper work and money. First he delayed the court date. Before I knew it the ticket was dismissed
Christopher Corbett
He is a top-notch lawyer and I'm glad he's in my corner.
Rose O'Connor
I chose Scott to help assist me with a traffic violation I had incurred. He did a wonderful job representing me and I was very happy that I chose him. If I ever so happen to receive another violation, I will choose Scoot for his legal counsel. I highly recommend him!
Emaly Mclean
Got a ticket in Asheville, NC for reckless driving. Shortly thereafter received letters from Scott Dillin and several other attorneys. I reached out to several attorneys and Scott was the quickest to respond to my inquiries and his advanced fees were among the most reasonable. Scott not only got my charges dismissed but he refunded back to me over 50% of the fees I advanced to him.
Cheryl Schosky
As a medical professional providing anesthesia to patients in emergency surgical procedures, it is imperative for trauma personnel to arrive quickly to save lives. Traveling from SC to NC, I received a speeding ticket on the way to the hospital that requires a court appearance. Within days, my mailbox was flooded with attorneys willing to assist in my defense and represent me to achieve the best outcome possible. I called and left messages for all of them. The very next day, I received just one phone call from Scott Dillin that was logical, fair and honest in his charges, plan and possible outcome scenarios. His professional experience, honest and knowledgeable response to my questions and willingness to understand and listen, prompted me to hire him after just a few minutes into the call. I will follow up after the court decision with my final review of his services. As of today, after lengthy review of all lawyers and options, I believe he is the best choice. Time will tell. Sept: Mr Dillin came through as promised and the outcome was better than expected. No Points assessed to my license and minor seat belt infraction. Highly recommend Mr Dillin as your attorney in the Asheville, NC area. A warm thank you to him for the outcome and keeping to his word to do his best representing me in court. Money well spent.
Meredith Long
I came to Mr. Dillin after getting myself into a bit of trouble. He was extremely professional and informative through the entire process. He took care of it very quickly and did exactly what he said he was going to do. His fee was very fair. I would HIGHLY RECOMMEND him.
Girl Extreme
Thank you so much for helping me with my ticket! Definitely, recommend Scott!
None Yerbusiness
I was referred to Scott by a firm which handled my mother's estate. He was wonderful. I was really in a bind as I moved to NC from SC/GA where they go 80mph as standard speed. Needless to say, I got a speeding ticket a few weeks after I moved to NC. I hadn't moved my license to NC yet, and paid the ticket not knowing they would suspend my license for going so fast. He was able to get my plea of guilty removed, and got the speeding ticket dismissed, all before my out of state registration expired. And, at a price that cannot be beat. He also was prompt in answering phone calls, keeping me appraised of the situation, etc. I'd recommend him highly.
David Mirfin, Jr.
I have used Mr. Dillin several times with positive results for each item. More importantly, when I recommended him to a friend of mine with more complicated legal issues, he helped my friend with great success. I would recommend Mr. Dillin without hesitation.
John I
Attorney Scott Dillin has earned my highest possible recommendation. Attorney Dillin delivered as promised on a complicated (and challenging) traffic matter involving one of my children driving from PA & passing through NC (just north of Asheville) while returning to College in SC. Being licensed out of State, none of NC’s “1st offense” type considerations were available to a PA Licensee, despite our presenting definitive documentation of extenuating circumstances involving vehicle equipment failure. Attorney Dillin made extraordinary efforts to present this mountain of supportive evidence, in-person, to both the District’s ADA -AND- DA. In the end, successfully attaining a very fair & befitting resolution. As a CEO by profession, I’ve employed and/or retained the services of countless Lawyers since the early ’80s, and Attorney Dillin ranks among the finest I’ve ever worked with. He was always forthcoming and made himself available, always (whether answering virtually every call himself or responding within an hour or two due to his being in Court). Not only were his fees reasonable, initially, he honored his commitment despite his having to spend additional time on our matter. Lastly, beyond his extensive experience and expertise in traffic law and his possessing a deep knowledge of/relationship with the “local players” (including how the Courts within the District operate), he is also an excellent listener who is NOT the stereotypical high-volume, transactionally-driven “traffic ticket lawyer.” Thanks, Scott, for ensuring my family member was treated fairly, and for your care, concern, and perseverance every step of the way! Suffice to say, you’ve got appreciative new friends in both Northeastern PA and Greenville, SC!
Stephen Bennett
Excellent representative! Awesome outcome.
Gerrena Roebuck
Scott did a great job representing me in court.
Xavier Torres
Fast effective fair and very efficient. He got my open container case dismissed immediately and I never even had to make an appearance At Court.
K. Kassan
I was looking around the Asheville area for an attorney to take care of my speeding ticket (over 15mph). I was lucky enough to find Scott on the internet after I spoke to several other attorneys. I can certainly say that Scott Dillin is the best in terms of experience, courtesy and COST: he dismissed my ticket at no extra cost (unlike other attorneys do!!). Don’t waste your time looking for another attorney, Scott Dillin is your best bet!
Will McKibbon
I am a trial attorney myself, and Mr. Dillin handled my matter professionally, efficiently, and was worth his very reasonable fee and then some. I was charged with a 20 mph speeding violation for which I retained Mr. Dillin's services. The process could not have been smoother and the result could not have been better. From my experience, highly recommend. Thank you!
C K
Scott has taken care of two speeding tickets for me. He had both completely dismissed for a low cost. I highly recommend his services. Good person as well.