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Most people know that a DWI can result in serious, long-lasting consequences. In addition to fines, fees and potential jail time, individuals might even lose their driving privileges for a period of time. Even when they get their license restored, it could come with a catch. There are some cases when individuals might have to install an ignition interlock device. These devices are essentially portable Breathalyzers, testing the driver’s blood alcohol content (BAC) before they can even start their vehicle. Ignition interlock devices are usually required for repeat offenses, but some states now require them after the first offense. Many states require ignition interlock devices after a first offense Over the years, several states passed laws that require individuals to install an ignition interlock device in their vehicle after the first DWI. These laws, often referred to as “all-offender” ignition interlock device laws, aim to: Prevent individuals from driving under the influence; and Reduce the chance of a repeat DWI offense. New Mexico became the first state to establish such a law in 2005. However, as of 2019, 34 states now have similar laws, including our neighboring states of Virginia and Tennessee. Does North Carolina have this requirement? North Carolina lawmakers considered a bill proposing an all-offender ignition interlock device law in 2015, but it did not pass. Even so, there are some situations when North Carolina law requires the installation of an ignition interlock device. These circumstances include: After a first DWI, only if an individual’s BAC is 0.15 or higher After any repeat DWI offenses or offenses leading to license revocation If the DWI charges involve aggravating factors Installing these devices is often a hassle for individuals. It is expensive since you must cover the costs of installation and use of the device, and they can be cumbersome and frustrating for drivers. For example, in some cases, the device might require a breath test while an individual is driving. Even if an ignition interlock device is not a requirement after the first offense in North Carolina, individuals should still ensure they take measures to defend the charges against them and avoid the financial and personal consequences of a DWI.

There is not a true consensus regarding the definition of white-collar crime. It is a relatively broad term that can represent a wide range of fraud committed by business and/or government professionals. In general, these crimes are defined by deceit, concealment or a violation of trust motivated by finances and usually do not involve physical violence or force. Due to this relatively vague definition, it can be difficult to determine what exactly white-collar crime is and who is committing it. However, there are a few types of criminal acts that are commonly classified as white-collar crime. Common white-collar crimes Most white-collar crime involves either corporate or government fraud and has financial motivations. A few examples of this include: Falsification of finances such as false accounting, fraudulent trade or misrepresentation of financial conditions Insider trading Misuse of corporate entities for personal gain Tax violations Embezzlement These are not the only forms of white-collar crime, however. Other types of criminal activities may involve but are not limited to: Money laundering Health care fraud Investment fraud such as Ponzi schemes Forgery In some cases, computer crimes, blackmail and bribery can also be considered white-collar crime and most instances of white-collar crime are considered crimes of opportunity. Many white-collar criminals go undetected for years and are difficult to track. Statistics show these types of crimes are at their lowest in years, though they are still serious offenses. While these illegal acts are generally non-violent, they can still be prosecuted as a severe legal matter. Anyone being investigated for an offense considered to be a white-collar crime will need experienced and skilled representation.

Evidence usually plays the biggest role in a DWI case. And an individual’s blood alcohol content (BAC) is often the most important component of evidence in the prosecution’s case. This is why many people wonder if they can refuse BAC testing. While individuals often can refuse standardized field sobriety tests, refusing chemical BAC tests is different since individuals give their implied consent to participate in these tests under the law. What does implied consent mean? Essentially, implied consent laws indicate that drivers give their consent to take chemical or blood tests if the police arrest them on DWI charges. Individuals give this implicit consent when they apply for a driver’s license and drive on North Carolina roads. There are several implied consent offenses individuals could face under North Carolina law. All of these offenses involve impairment from alcohol or illegal substances, including: Driving while impaired; Underage DWI; or Vehicular manslaughter. Not many people are aware of how implied consent laws affect them, but it is critical for all drivers to understand them. After all, it is a risk factor every time individuals get behind the wheel. Can you refuse a chemical test? Implied consent is the reason why refusing a chemical test is an offense. Technically, individuals do have a choice, but the implied consent to submit to chemical testing under the law also means that the choice to refuse testing can have serious repercussions. Even though there are no criminal penalties that result from refusing a chemical test, there are still consequences, including: License revocation for up to one year, depending on the outcome of the hearing; and The refusal to submit to chemical testing can be used in court as evidence. Even though drivers give their implied consent to participate in testing, they still have rights in these situations. North Carolina law allows individuals to contact an attorney and have a witness present for the chemical testing procedure. This is why individuals facing DWI charges of any kind should consult an experienced defense attorney as soon as possible, so they can understand their options in these cases and protect their rights.

According to Georgetown University, roughly 131 million people in the United States take prescription drugs for various reasons, whether long-term for chronic pain, high blood pressure, generalized anxiety disorder or short-term as they recover from a serious injury. Regardless of the reason, that is a significant percentage of the adult population. It is incredibly common to take prescription drugs. However, even with medical authorization to take these medications, there are some cases when taking prescription drugs could put individuals at risk of a DWI. Prescription drug side effects can lead to impairment It is true that prescription drugs can impair individuals. After all, prescriptions usually come with side effect warnings. The Federal Drug Administration (FDA) states that several prescription drugs could directly affect one’s ability to drive, including, but not limited to: Certain antidepressants; Drugs for anxiety; Anti-seizure medications; Some allergy medications; and Opioid pain relief medications. It is important to note that the same prescription drug can often impact individuals differently. Some people might not experience any side effects, while others experience severe ones. Common side effects of these medications that could impact one’s ability to drive often include: Slowed reactions or movements; Dizziness or drowsiness; Difficulty concentrating; and Blurry vision. These side effects are also common signs of alcohol impairment. Even so, the question remains: can impairment from prescription drugs lead to a DWI? Yes, even prescription drugs could lead to a DWI – in some cases Under North Carolina’s DWI laws, individuals could face DWI charges if they drive while impaired by prescription drugs. This is because, under these rules, the police and prosecution look at how a substance affects the driver and their ability to drive. If the police observe signs of impairment, such as a driver drifting in and out of their lane, they could pull them over and test if they are impaired. The police might be able to charge individuals impaired by prescription drugs, but proving it is often more difficult. There are several breath and blood tests designed to detect alcohol, but it is difficult to test the effects of a prescription drug outside of observation. Therefore, even if individuals face charges, it is often a challenge to convict them. Individuals who take prescription drugs should not worry too much about the risk of a DWI. These cases are not too common. However, they should be consciously aware of the potential side effects of their medication when they get behind the wheel.

The United States Health & Human Services reports that one-in-five adolescents between the ages of 12 and 20 have consumed alcohol in the last 30 days. That high rate of underage drinking plus the high rate of binge drinking this age group participates in also places adolescents over the age of 16 at risk for driving under the influence. Adolescents and parents alike must be aware of this risk – as well as the potential penalties they could face if they drink and get behind the wheel. Consequences of an underage DWI can be serious North Carolina is tough on all DWIs. The laws are strict, and the penalties are even stricter. This is especially true if individuals are underage. The state has a zero-tolerance statute for underage drinking, with no exceptions. The legal BAC limit is 0.00% for anyone under the age of 21. Therefore, the penalties for underage drivers getting behind the wheel under the influence are considerable. They could face: Administrative penalties, including a loss of driving privileges and license revocation for 30 days; Criminal penalties including up to 60 days of jail time and a fine up to $1,000 for an underage DWI; and Attendance to a court-ordered alcohol education course. In some cases, underage drivers could face both DWI charges and underage DWI charges. These are two different charges that could only compound the penalties teens face. Additionally, a record of a DWI could also affect a child’s future for years to come, including their schooling and employment opportunities. The charges individuals face often depend on the circumstances and the child’s previous record. This is why it is important for parents to contact an experienced DWI and criminal defense attorney, so they can learn more about how to protect their child’s rights and future.

When police pull someone over under suspicion of drunk driving, their first step is often to conduct a field sobriety test. This process frequently includes a breath test. The first device that tested breath for alcohol was developed in 1938. Since then, companies created several types and brands of breath tests, such as the Breathalyzer. Breath tests are a common tool in DUI traffic stops but a common question remains: How accurate are they? How do breath tests work? The legal limit of BAC in North Carolina is 0.08%, like most other states. If a breath test determines someone’s BAC is at or above that level, then police have reasonable cause to arrest them. However, the breath test is only an estimate of BAC. And they have a questionable reputation. This is because various other factors can influence the result of a breath test, including: An individual's physical condition, such as their natural body temperature Other substances they have consumed, even prescription medications Recently smoking a cigarette Additionally, breath tests can occasionally detect alcohol up to 24 hours after individuals consume it. Alcohol can stay in one’s system for a considerable amount of time, depending on several factors, but after 24 hours, most people are no longer impaired. So, are breath tests reliable? Unfortunately, there is no definitive answer to this question. Several studies over the years found that breath test results can vary up to 15% of the actual BAC – and that result is often higher as well. Yet, if breath tests were extremely inaccurate, police all across the country would likely not use them. And, as time goes by and technology improves, breath tests may become more accurate. However, it is important to note that the results of any breath tests are not permitted in court. Courts do not allow them as evidence. Individuals can dispute the results of a breath test long before they go to court. That is why it is critical for individuals to consult an experienced defense attorney to determine how they can protect their rights and what steps they should take next.

Manslaughter, on a basic level, is a murder that was committed without malicious intent. The courts argue that because manslaughter does not require intent, it is more moral. Therefore, the sentencing is lower than murder. Unlike some states, North Carolina has three different types of manslaughter. People often get the three confused, but they are all different. Depending on the circumstances, the level of the felony and the length of the sentence can fluctuate. So, what are the different manslaughter charges? Voluntary Manslaughter: Although manslaughter crimes are committed without malicious intent, Voluntary Manslaughter occurs when intent is inferred because of the circumstances. At times, the accused is forced into a situation where they would become mentally disturbed if they didn’t commit the act. Other times, the person charged acted out of self-defense, thinking it was the only option, but it was not. Voluntary Manslaughter is a “Class D” felony. This carries a minimum sentence of 51 months in prison. Involuntary Manslaughter: Involuntary Manslaughter occurs when someone is killed unintentionally. This can happen because of reckless acts or when a non-felony crime was committed during the killing. Involuntary Manslaughter is a “Class F” felony and served with a minimum of 13 months. Vehicular manslaughter: This occurs when someone is killed due to reckless driving. This could be anything from racing to driving under the influence. Vehicular manslaughter is the only one of the three that can be a misdemeanor or a felony. A misdemeanor charge could result in 150 days in jail with a fine. A felony charge is a “Class F” with the same sentencing as involuntary manslaughter. Manslaughter is a serious crime that results in someone’s death. Although it is considered a lesser crime than murder, someone convicted of manslaughter could spend significant time in prison.

The topic of white collar crime can bring up the mental image of middle-aged men in business suits. This stereotype downplays the wide range of people who can be accused of white collar crimes. As you may expect, North Carolina residents of any age, financial status, race and gender can be charged with a white collar crime. White collar crime, as you may know, involves money in business settings. Women can be accused of white collar crimes, but as Forbes explains, their motivations can be quite different from men who are alleged to have committed a white collar crime. Similar to men, the women accused of this type of criminal activity may hold the position of office manager, accountant, bookkeeper or any other job in which they are given a great deal of trust and access to company funds. They may also be involved in the PTA, volunteer at their children’s school or work with an extracurricular organization in which their duties included handling financial transactions or being responsible for the treasury. Women who have served time for embezzlement, forgery or other white collar crimes often say they were motivated to help their family or escape from financial difficulties. Often, they express regret and remorse for violating the trust of their employers or associates. On the other hand, men are often believed to be motivated more by power and control in similar crimes, which you may find surprising. Regardless of the circumstances, you are entitled to a competent defense if you are accused of a crime. This post is not meant to replace the advice of a lawyer.

If you have a child in college and he or she is heading somewhere for Spring Break, it could be an excellent time to remind them about the consequences of criminal activity. Unfortunately, many young people think Spring Break gives people the freedom to do whatever they want, but this is not the case. In fact, in recent years, some popular Spring Break destinations have started ramping up law enforcement efforts and banning certain activities, like drinking alcohol on beaches, hoping to curb common Spring Break criminal acts. With this in mind, parents should discuss with kids the following points: Actions have consequences, even when you are on vacation. Your child may not have school, family or work responsibilities while traveling, but they still need to be responsible. This means obeying the law. And anyone who fails in this regard can face the consequences, including imprisonment and a stain on their criminal record. Every state has different laws. Drug and alcohol use is common among college students on Spring Break, and it may not always be illegal to use either. That said, no matter what the laws may be in a person's home state or home country regarding drinking age or drug laws, travelers must comply with the laws of the city or country where they are vacationing. Penalties and law enforcement tactics can vary, as well. Ramped up enforcement can increase the likelihood of an arrest. Police know that students drink, party, fight and engage in sexual activity during Spring Break. To combat the influx of potential criminal behaviors, many areas increase police presence. Because of this, it can be more likely that police will arrest a person engaging in misconduct. Charges can follow you everywhere. Spring Break will end, but criminal charges and penalties can follow a person back home. In some cases, a person may not even be able to go home if they must serve a sentence or appear in court. Back home, a young person could also be dismissed from school or fired from their job. Parents may not trust a child anymore. A student may have to find a way to pay for legal fees, fines and other financial repercussions stemming from a criminal offense. Reminding young people about these points can help them appreciate the importance of staying safe and avoiding arrest on vacation.

Insider trading is persistent problem in the stock exchange. Access to material non-public information (MNPI) can lead to serious charges, with huge fines and lengthy prison sentencing. Now that the emergence of the COVID-19 coronavirus has generated a global economic panic, new worries about insider trading have entered the picture. Market volatility opens new doors for illegal trading based on emerging MNPI information. It’s important to recognize the risks of insider trading. It’s even possible to commit the offense due to negligence. Don’t let bad trading practices strike you down Awareness of some securities trading best practices is your first line of defense against this risk, especially as the novel coronavirus pandemic begins disrupting the market. The following are some basic measures to consider: 1. Avoid risky trades: in a corporate setting, one practice that protects against insider trading is restricting timeframes when employees can trade on company-owned securities. This avoids enabling insider information around the timing of earnings reports and other information releases. Similarly, don’t act on a trade if you do come across non-public information. 2. Use software that tracks and monitors trades: technology provides ample space to keep tabs on trading, including software that can automate the process. 3. Employ whistleblowers and watchdogs: Some companies have a dedicated watchdog on staff, while others designate employees as whistleblowers who agree to notify the U.S. Securities and Exchange Commission (SEC) in the event that insider trading is detected. 4. Get educated: whether you’re an employer or an employee at a corporation, make sure there’s ample awareness of the pitfalls of insider trading, including ways that non-public information can just “fall into your lap,” and all of the considerations to make before acting on a potential trade. While it can be difficult to prosecute insider trading, the consequences can still be heavy. It’s important to speak with a defense attorney before doing anything else if you're suspected of it. It’s even more critical that you heed advice about preventing it from even coming into question – especially when the market is volatile.

Some North Carolina residents may think it is harmless to put false information on a credit card application. Many financial institutions do not require individuals to submit documents such as pay stubs or tax returns as part of the credit card application process. However, intentionally lying on an application may count as bank fraud and lead to criminal charges. You need immediate legal if you are accused or charged with bank fraud. Learn more about how fraud related to credit card applications works and then contact a knowledgeable white collar criminal defense lawyer who can protect your rights. Fraud related to credit card applications In many cases, the most significant factor in getting approval for a credit card is an applicant's income. An article from U.S. News and World Report indicates that while financial institutions may use an applicant's credit score to determine eligibility for a credit card, income is usually a key factor. Legal regulations designed to protect consumers from predatory lending practices make it necessary for most lenders to follow income requirements before approving credit card applications. Some individuals accidentally lie on credit card applications by including the wrong types of income, such as a parent's salary or disbursements from a student loan. However, other applicants knowingly report higher income in order to qualify for a credit card. If the financial institution discovers the lie, it may choose to pursue criminal charges. Serious penalties for bank fraud According to FindLaw, bank fraud describes actions intended to defraud a financial institution or obtain funds or assets by false means. Bank fraud is a federal crime with potential penalties including, millions of dollars in fines and decades in prison. While many people think of actions such as forging or stealing checks as common examples of bank fraud, lying on a credit card application may also lead to criminal charges. Prosecution for fraudulent credit card applications may not be a common occurrence, but it is still a possibility. Start building a strong defense The criminal defense attorneys at , can help you protect your rights and freedom. Learn more about how they can help you by contacting the firm and scheduling your first meeting.

Many crimes can fall into the category of white collar crimes. You will notice that these crimes often happen on a large scale and always involve a financial aspect. This category includes embezzlement, fraud and Ponzi schemes. Ponzi schemes have been around for a long time. In fact, the U.S. Securities and Exchange Commission explains the name comes from Charles Ponzi, who scammed investors in the 1920s. If you are accused of running a Ponzi scheme or some other white collar crime, you need a knowledgeable defense. It is critical that you contact a skilled criminal defense attorney who can build a strong defense for your charges. Understanding a Ponzi scheme A Ponzi scheme is a type of investment fraud. Someone will approach an investor and ask them to invest in a company that will help them see quick returns and a lot of money. Once a person invests in the scheme, the person running the scheme takes the money and gives it to someone who previously invested, acting as if this is a return from their investment. However, what is really happening is that the person running the scheme never invests any money and just pays each old investor with the money from new investors. For this scam to work, there always has to be new investors. Once people figure out the scam, they stop investing. Those who invest later in the scheme end up losing out and none of the investors see any more returns. What should you do if you are accused of running a Ponzi scheme? Unfortunately, some white collar investigators are quick to accuse someone of running a Ponzi scheme even though their business is legitimate. Additionally, the criminal investigators or the investors may not have all the details about how your business works. Because of this, it is highly recommended that you hire a white collar criminal defense attorney who can protect your rights and freedom. At Frasier & Griffin, PLLC, we defend our white collar clients from criminal charges. Our defense attorneys will handle the communication with investigators and will work to protect your future.