North Carolina's impaired driving statute, N.C. Gen. Stat. § 20-138.1, makes it unlawful to drive while impaired. The charge here is DWI – what most people call a DUI.
Defense counsel helps drivers arrested in Asheville. Cases go through the Buncombe County court system. Two matters run at once: the criminal case and a license revocation. An Asheville DWI lawyer can review both before your first court date.
DWI Charges in Asheville, NC
A person commits impaired driving by driving on a highway, street, or public area while under the influence of an impairing substance. The law also applies with an alcohol level of 0.08 or more at any time after driving. Driving with any Schedule I controlled substance or its metabolites in blood or urine is impaired driving.
The statute offers three paths. The State must prove only one. A driver can be convicted on an officer's observations alone, with no breath test showing 0.08.
Being legally entitled to use the alcohol or drug is not a defense. That includes medication a doctor prescribed.
Write down what happened while it is fresh. A DWI lawyer Asheville NC drivers call early can check your account against the police report.
How an Asheville DWI Attorney Defends Your Case
An Asheville DWI defense lawyer checks whether the officer had reasonable suspicion for the stop. Counsel also checks whether there was probable cause for the arrest. We look at how the standardized field sobriety tests were given. Road conditions, shoes, or health issues can weaken them.
Breath tests raise separate issues. Was the instrument properly maintained? Was the operator qualified to run it? Was the observation period honored? In a Buncombe County DWI case, those records are the first ones the defense requests.
Blood draws depend on the legal grounds and chain of custody.
Implied consent rights matter separately. A driver must be told about the right to call a lawyer. The driver can also select a witness. Testing may not be delayed more than 30 minutes. Misdemeanor DWI charges are heard in Buncombe County District Court. A case can go up to superior court for trial de novo.
Penalties and Sentencing Levels for a Buncombe County DWI
North Carolina uses six sentencing levels for impaired driving: Aggravated Level One, added in 2011, then Levels One through Five.
Grossly aggravating factors set the level. Three or more factors mean Aggravated Level One. The child-passenger factor alone means Level One. Two other factors also mean Level One. One other factor means Level Two. With no grossly aggravating factors, the judge weighs aggravating factors against mitigating factors. This picks Level Three, Four, or Five.
There are four grossly aggravating factors. The first is a prior impaired driving conviction within seven years, and each prior conviction counts separately. The second is driving while your license was revoked for an earlier impaired driving revocation. The third is serious injury to another person. The fourth is driving with a child under 18 in the vehicle, a passenger with the mental development of a child under 18, or a passenger whose physical disability prevents an unaided exit.
A DUI lawyer Asheville drivers hire can explain how these factors may apply. Searches for an Asheville DUI attorney or a DUI lawyer Asheville NC point to this same North Carolina charge.
Your License After an Asheville DWI Arrest
A 30-day civil license revocation starts right away when there are reasonable grounds to believe an implied consent offense took place. The driver must have willfully refused the test or registered 0.08 or higher. Commercial drivers face 0.04. Drivers under 21 face any amount. If the license is not turned in, the revocation runs 45 days. A $100 civil revocation fee comes due before the driver's license is returned. A pretrial limited driving privilege may become available after 10 days. A magistrate or a district court judge hears any challenge, not the DMV.
A willful refusal starts a separate 12-month revocation under implied consent, N.C. Gen. Stat. § 20-16.2. The order takes effect on the 30th calendar day after the Division mails it. It does not take effect then if the driver requests a hearing in writing before that date. The refusal revocation runs on top of the 30-day civil revocation. A conviction brings a third revocation. Under North Carolina law, DWI convictions carry a one-year revocation for a first offense.
Talk With an Asheville DWI Lawyer
Free consultations with our North Carolina DWI lawyers are confidential. Bring the citation, your release papers, test results, and court date. Asheville draws many visitors. A driver with an out-of-state license must still face the North Carolina charge. This can affect your rights at home. Call the number on this page or fill out our online form. This page gives general information, not legal advice. Results depend on the facts of each case.
Common Questions About Asheville DWI Charges
What Happens if You Get a DWI in North Carolina With an Out-of-State License?
The case takes place in North Carolina no matter where your license is from. Our revocation rules apply to your driving here. A conviction can affect your driving privileges in your home state.
Is Refusing a Breath Test Different From Failing One in North Carolina?
A willful refusal starts a separate 12-month loss of license. A failed test does not cause this extra revocation. Refusing means there is no breath result for the State to use, but the refusal itself carries the longer revocation.
What Is the Difference Between the 30-Day and 12-Month Revocations?
A magistrate or a district court judge hears the 30-day civil revocation. The 12-month refusal revocation is a DMV matter under N.C. Gen. Stat. § 20-16.2.
