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DWI/DUI

(Also referred to as Driving Under the Influence/DUI)

North Carolina is one of the strictest states in the country with regards to DWI laws. Not only do you face loss of your license for one (1) year, prison sentences imposed can be as high as two (2) years and fines can reach up to four thousand (4000.00) dollars.

DWI Defined

A person commits the offense of impaired driving if 1) he/she drives any vehicle upon a highway, a street, or a public vehicular area within this state 2) while under the influence of an impairing substance; or after having consumed sufficient alcohol that he/she has, at any relevant time after the driving, an alcohol concentration of 0.08 or more; or with any amount of a Schedule I controlled substance, or its metabolites in his/her blood or urine.

The fact that you are legally entitled to consume a prescribed drug is not considered a defense to DWI.

DWI Punishment

Different factors (mitigating, aggravating and grossly aggravating) come into play that guide a judge in determining what level of punishment is appropriate. There are five levels of punishment.

Level One punishment: fined up to four thousand dollars ($4000) and shall be sentenced to active time for a minimum term of not less than 30 days and a maximum term of not more than 24 months. Active time may be suspended only if a condition of special probation is imposed with a term of imprisonment of at least 30 days. If the defendant is placed on probation, he/she shall be required to obtain a substance abuse assessment and comply with recommended education or treatment as a condition of probation. The judge may impose any other lawful condition of probation.

Level Two punishment: fined up to two thousand dollars ($2000) and shall be sentenced to active time for a minimum term of not less than 7 days and a maximum term of not more that 12 months. Active time may be suspended only if a condition of special probation is imposed with a term of imprisonment of at least 7 days. If the defendant is placed on probation, he/she shall be required to obtain a substance abuse assessment and comply with recommended education or treatment as a condition of probation. The judge may impose any other lawful condition of probation.

Level Three punishment: fined up to one thousand dollars ($1000) and shall be sentenced to active time for a minimum term of not less than 72 hours and a maximum term of not more than 6 months. Active time may be suspended. However, the suspended sentence shall include the following:

  1. Be imprisoned for a term of at least 72 hours as a condition of special probation; or
  2. Perform community service for a term of a least 72 hours; or
  3. Any combination of these conditions.

If the defendant is placed on probation, he/she shall be required to obtain a substance abuse assessment and comply with recommended education or treatment. The Judge may impose any other lawful condition of probation.

Level Four punishment: fined up to five hundred dollars ($500.00) and shall be sentenced to active time for a minimum term of not less than 48 hours and a maximum term of not more than 120 days. Active time may be suspended. However, the suspended sentence shall include the following:

  1. Be imprisoned for a term of 48 hours as a condition of special probation; or
  2. Perform community service for a term of 48 hours; or
  3. Any combination of these conditions.

If the defendant is placed on probation, he/she shall be required to obtain a substance abuse assessment and comply with recommended education or treatment. The judge may impose any other lawful condition of probation.

Level Five punishment: fined up to two hundred dollars ($200.00) and shall be sentenced to active time for a minimum term of not less than 24 hours and a maximum term of not more than 60 days. Active time may be suspended. However, the suspended sentence shall include the following:

  1. Be imprisoned for a term of 24 hours as a condition of special probation; or
  2. Perform community service for a term of 24 hours; or
  3. Any combination of these conditions.

If the defendant is placed on probation, he/she shall be required to obtain a substance abuse assessment and comply with recommended the education or treatment. The judge may impose any other lawful condition of probation.

Getting Driving Privileges

You are generally allowed by the court driving privileges after your first conviction of DWI and in some instances when you have had one or more prior convictions of DWI depending on the time frame of those convictions. A limited driving privilege is a judgment issued in the discretion of a court for good cause shown granting a person with a revoked drivers license to drive for essential purposes related to any of the following:

  1. His/Her employment.
  2. The maintenance of his/her household.
  3. His/Her education.
  4. His/Her court-ordered treatment or assessment.
  5. Community service ordered as a condition of the person’s probation.
  6. Emergency medical care.

Eligibility

A person convicted of impaired driving (pursuant to N.C.G.S. 20-138.1) is eligible for a limited driving privilege if:

DWI’s are complex and challenging cases with multiple stages where a client’s legal rights could be violated. It is important to have a trained and experience trial attorney review every stage of the DWI process in order to make sure that you receive the benefit when corners are cut and your rights have been violated.

Contact me now at eddk@eddkrobertslaw.com or give me a call at 919-782-8115 for a free consultation.

The information contained in this site is not intended to be legal advice. You should consult a lawyer for advice regarding your specific matter.

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