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North Carolina DWI Law

In North Carolina, it is a crime to drive while under the influence of alcohol or drugs. This means that, if you are arrested for driving while intoxicated, you will face criminal charges and all of the penalties associated with these charges. For DWI in North Carolina, the penalties may include fines, jail time, and other punishments that have the power to negatively impact your quality of life and make it difficult to continue with your normal activities. Because of this impact, you should speak with a North Carolina DUI lawyer immediately after being arrested. North Carolina's DWI laws are some of the harshest laws in the United States. Having a North Carolina DUI attorney by your side can help you to face the charges against you and give you the best chance of winning your case.

North Carolina DWI Law

The DWI law in North Carolina is outlined in North Carolina General Statute :%$sect;20-38 and :%$sect;20-16. There are two ways you can be prosecuted for a DWI charge in North Carolina, like there are in many other states. One is a traditional, common law driving under the influence charge. With this type of charge, the prosecutor is seeking to have you convicted of being too impaired to operate a motor vehicle. Information about your driving habits, accidents you have caused, appearance, and the results of any field sobriety tests may be introduced into this type of case to show that you had an appreciable level of impairment due to the consumption of alcohol. There is also a "per se" law in effect in North Carolina. This means that you can be prosecuted for DWI based on having a specific level of alcohol concentration in your blood. This type of charge is not concerned with your level of impairment or any of the information that can be introduced about your driving or appearance. If your blood alcohol concentration level meets or exceeds the legal limit of 0.08%, this can be used to show that you were in violation of North Carolina's DWI laws. There have been recent amendments to North Carolina's DWI laws that strengthen open container laws, ignition interlock requirements, and repeat offender penalties.

North Carolina is rather unique because someone suspected of DWI does have the right to refuse chemical testing. In other states, this right does not exist and the suspect can face additional fines and penalties and lengthened license suspension periods. The police in North Carolina must also assist anyone suspected of DWI in obtaining an independent chemical test if the person is in police custody. In this case, the suspect must be allowed to use the phone to make plans to submit to an independent chemical test.

In addition, North Carolina can seize the vehicle of a driver whose license is revoked by another state, if the revocation is for an offense that is "substantially" similar to one -- if committed in North Carolina -- would make the vehicle subject to seizure. This would apply to a DWI violation charged to an out-of-state driver whose license has been revoked for a previous DWI. Because the intolerance for drunk drivers has increased and resulted in stiffer DWI laws in North Carolina, it is important that you contact a North Carolina DUI attorney immediately after being arrested for a DWI offense. If you do not take advantage of the experience and knowledge of a skilled North Carolina DUI lawyer, there is a good chance that you will be convicted of a DWI offense.

North Carolina DWI Criminal Penalties

North Carolina is one of the harshest states in terms of the penalties associated with DWI. In many states, the penalties for subsequent offenses after a first offense are simply enhanced to include higher fines, more jail time, and longer suspension periods. In North Carolina, the penalties are much more severe for second and subsequent offenses. The penalties that you can face include fines, jail time, and license suspension.

North Carolina DWI Jail Terms

The jail term for a DWI offense is determined based on the level of offense. In North Carolina, the levels of offense range from one to five with one the most serious type of offense and five the least serious type of offense. The level of offense depends on aggravating factors and any prior offenses. The jail time for DWI is 24 hours to 60 days for a level 5 offense, 48 to 120 days for a level 4 offense, 72 hours to 6 months for a level 3 offense, 7 days to one year for a level 2 offense, and 30 days to two years for a level one offense.

North Carolina DWI Fines

The fines for DWI in North Carolina are not more than $200 for a level 5 offense, not more than $500 for a level 4 offense, not more than $1,000 for a level 3 offense, not more than $2,000 for a level 2 offense, and not more than $4,000 for a level 1 offense. These penalties can negatively impact your quality of life and make it impossible to meet all of your obligations in life. If you have been arrested for a DWI in North Carolina, contact a skilled North Carolina DUI attorney after your arrest to preserve your rights and try to save your reputation.

Additional North Carolina DWI Penalties

You will also be required to attend a DUI education program if you are convicted of DWI and you will also face a license suspension of 6 months or more in length. Your vehicle may be impounded for up to 10 days due to a DWI offense. While your license is suspended, you may be able to apply for a provisional license. If you are eligible, this license will help you to maintain employment and get to necessary appointments like doctor visits and school courses. If you have been arrested for a DWI in North Carolina, contact a North Carolina DUI attorney as soon as possible. Having a skilled North Carolina DUI lawyer on your team can help you to defend yourself against the serious charges you are facing.