Finding A DWI Lawyer in North Carolina
Driving while impaired (DWI) charges are taken very seriously in North Carolina. Anyone charged with a DWI offense should seek the assistance of a top-rated North Carolina DWI lawyer. A North Carolina DWI conviction can result in severe consequences, including fines, driver’s license suspension, and even jail time. We will explore the rate of DWI arrests in North Carolina over the past few years and how getting a North Carolina DWI lawyer and their criminal defense law firm can help you beat a DWI charge.
DWI vs DUI in North Carolina
In North Carolina, the terms DUI (Driving Under the Influence) and DWI (Driving While Impaired) are not used interchangeably. The state has standardized the term DWI to encompass what would generally be understood as driving under the influence of alcohol, drugs, or other impairing substances.
DWI (Driving While Impaired)
North Carolina law states that an individual can be charged with DWI if they operate a vehicle:
- With a Blood Alcohol Content (BAC) of 0.08% or more.
- Under the influence of an impairing substance.
- With any level of a Schedule I controlled substance in their system.
DWI Arrest Rates in North Carolina
According to the North Carolina Policy and Sentencing Advisory Commission, there were 21,240 DWI convictions in North Carolina in 2020. This marks an increase from the 20,414 DWI convictions in 2020. The majority of DWI arrests in North Carolina occur in Mecklenburg and Wake counties.
Penalties for DWI in North Carolina
The penalties for DWI in North Carolina can be severe, depending on the circumstances of the case. The following is a general overview of the penalties for DWI in North Carolina:
First DWI in North Carolina
- A fine of up to $1,000
- License suspension for one year
- Possible jail time of up to two years
- Possible participation in a drug and alcohol treatment program
Second DWI in North Carolina
- A fine of up to $2,000
- License revocation for four years
- Possible jail time of up to three years
- Possible participation in a drug and alcohol treatment program
Third DWI in North Carolina
- A fine of up to $10,000
- License revocation for life
- Possible jail time of up to three years
- Possible participation in a drug and alcohol treatment program
Fourth DWI in North Carolina
- When someone gets four DWIs within 10 years, they are considered a Habitual DWI offender.
- If a fourth DWI was charged while someone’s license was suspended from a previous DWI, the State will seize their car(s)
- Fourth DWI is elevated to a Felony DWI
- Minimum mandatory jail time of 1 year (this cannot be suspended)
- Mandatory participation in a drug and alcohol treatment program
Ignition Interlock Devices
In addition to the above penalties, North Carolina also requires the installation of an ignition interlock device (IID) for some DWI offenders. An IID is a device that is installed in a vehicle that requires the driver to blow into it before the car will start. If the device detects alcohol on the driver’s breath, the car will not start.
In North Carolina, an IID is required for:
- First-time offenders with a BAC of 0.15 or higher
- All repeat offenders
- Some first-time offenders, at the discretion of the court
The cost of installing and maintaining an IID can be substantial, and it is important to discuss the potential requirement of an IID with your North Carolina DWI lawyer.
How a North Carolina DWI Lawyer Can Help You Beat a DWI Charge
One of the main ways that a North Carolina DWI lawyer can help you beat a DWI charge is by investigating the circumstances surrounding your arrest. This includes reviewing the police report, blood alcohol content (BAC) test results, and any other evidence that may have been gathered by the arresting officer. Your North Carolina DWI lawyer may also question the officer’s conduct during the arrest to determine if your rights were violated in any way.
Another way that a North Carolina DWI lawyer can help you beat a DWI charge is by challenging the BAC test results. BAC test results can be inaccurate for a variety of reasons, including improper administration of the test or faulty testing equipment. Your North Carolina DWI lawyer may work with an expert witness to challenge the BAC test results and call into question the accuracy of the test.
Top North Carolina DWI Lawyers
If you have been charged with a DWI in North Carolina, it is essential to seek the assistance of a top-rated North Carolina DWI lawyer. An experienced North Carolina DWI lawyer and their criminal defense law firm can provide you with the legal advice and representation you need to help you beat your DWI charge.
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