DWI
A DWI is the most complex and serious crime within the jurisdiction of District Court in NC. The following penalties can be imposed:
- Mandatory license revocation;
- Minimum 340% insurance premium increase;
- Jail time ranging from 24 hours to 36 months;
- Fines ranging from $100 – $10,000.
When the Stakes Are High, Consult Our Law Firm
Driving while impaired (DWI) in North Carolina is a criminal offense that can have a wide range of negative effects if not handled in the proper manner. If you are convicted of DWI, you can have your freedom taken away, your privilege to drive revoked, and your reputation severely damaged. State laws treat the crime of drinking and driving as a serious offense, therefore, you will not likely be let off easily if convicted. You should consider hiring an educated Duplin County lawyer from our firm for the assistance you deserve. Justin B. Hunter is the only member of the Duplin County Bar to have tried a DWI in every level of court in North Carolina (District, Superior, Court of Appeals, and NC Supreme Court).
At the Law Office of Justin B. Hunter, we can help you gain a better understanding of your case.
You should consider hiring a lawyer who truly understands how to defend DWI cases, which means someone who:
- Knows how and where to spot issues that can be used in your defense;
- Has the knowledge and skill to fight for you and argue your case at trial; and
- Knows how to present mitigating factors at a sentencing hearing to seek the most lenient sentence possible when there are no defenses.
How Can I Be Charged with DWI?
You can be charged with DWI through various methods. Field sobriety tests are often the initial assessment issued by officers who suspect you of driving while impaired. You may be asked to complete a set of field sobriety tests performed on the side of the road after being pulled over. Your performance on these tests will determine whether the officer will arrest you for DWI. Although various tests may be issued, they are conducted with the same purpose, which is to determine whether you show signs of impairment. Some drivers who “fail” these tests are not impaired, which is why you have the right to politely refuse such tests.
Chemical analysis are tests that can be administered in North Carolina for the purpose of assessing impairment. Breath and blood tests can assess your blood alcohol content (BAC) level to determine whether you are impaired. BAC levels of 0.08% or higher for drivers are considered against the law. Blood tests can also be given to assess the driver’s BAC level. Breath tests are not always proof positive that you’re impaired, which is why a Kenansville attorney should be an active member of your case.
Since December 1, 2011, North Carolina laws have classified DWI sentences into six levels. Level 5 is the least severe, which can result in between 24 hours and 60 days in jail, an immediate license suspension, and up to a $200 fine. Level 1 was previously the most severe DWI offense, which can result in a $4,000 fine, a license suspension, and between 30 days and 24 months of mandatory jail time between sentencing.
With the addition of a sixth level, Aggravated Level 1, sentences have become more severe. For an Aggravated Level 1 DWI offense, you can be penalized with a fine of up to $10,000, and a mandatory jail sentence between 12 and 36 months. For all the above sentences, a substance abuse assessment and compliance with any recommended treatment is also required.
Commercial drivers will face increased DWI penalties than drivers with regular driver licenses. If a CDL holder has a BAC of 0.08 or more, they are automatically disqualified from driving a CMV for 1 year. If you have been charged with DWI, keep in mind the penalties associated with the hidden costs of DWI. You will be required to pay court fees, license reinstatement fees, and 340 percent increase in your insurance that you may not initially consider.
The state of North Carolina operates under a “Zero Tolerance” policy when it comes to anyone under 21 drinking and driving. Drivers under the age of 21 can be charged with any amount of alcohol within their system. Driving after consuming is a serious crime and can potentially result in:
- Revocation of license
- Community service
- Probation
- Fines
Underage DWIs can also affect your future in many ways – it can affect which college you go to, keep you from getting a job, and remain on your record forever. If convicted of DWI while under 21, you will not be allowed to drive under any circumstances for 1 year. Contact Justin B. Hunter to explain the consequences and options of an Underage DWI.
Limited Driving Privilege is a special license you can get, granted by a judge, and allows you to drive to certain places. The standard hours are Monday – Friday, 6:00 AM and 8:00 PM. You may qualify for non-standard hours under certain circumstances.
A LDP will allow you to drive to:
- Work
- Classes
- Religious worship
- Community service
- Any medical emergency
There are certain limitations to getting a limited driving privilege license, and it is important to know your rights. Contact the Law Office of Justin B. Hunter to receive help applying for a limited privilege license from an experienced attorney.