North Carolina DWI Laws and Penalties – All You Need to Know

In general, North Carolina is strict when it comes to prosecuting DWIs. In some circumstances, a DWI conviction can result in severe fines, loss of driving privileges, or even jail time. A knowledgeable DWI attorney who knows about North Carolina DWI laws can help fight a DWI charge. Griffin Law, PLLC, shares information about the basics of North Carolina DWI laws and penalties.

What Happens With A DWI In North Carolina?

In North Carolina, the process of a DWI involves a traffic stop for a suspected DWI offense, an arrest, a plea (guilty or not guilty), initial court hearings, negotiation attempts for a plea bargain, and a DWI resolution. This last step typically happens as a result of agreeing to accept a reduced charge, or if you seek a formal trial in a North Carolina criminal court.

What Does A DWI Charge Mean In North Carolina?

Operating a vehicle while under the influence of alcohol or drugs (or both) can result in a DWI charge if your blood alcohol content (BAC) is 0.08% for drivers over 21 years old. It’s prohibited for a driver under 21 to have any amount of detectable alcohol in their system. Also, for a commercial vehicle driver, the limit in North Carolina is 0.04%. If you are arrested, your license may be revoked for thirty days.

North Carolina also uses an implied consent law, which requires drivers to submit to testing if the police suspect any impairment. If you refuse to take a test, you could have your license automatically revoked for one year, regardless of whether you are actually convicted of a DWI.

When Might I Get Pulled Over?

Also, it’s important to know you can be pulled over for an unrelated reason that has nothing to do with a suspected DWI issue. You can be pulled over for a variety of reasons, including:

• Broken tail light
• Speeding
• Swerving
• Unsafe lane changes
• And more

If you are pulled over for a reason that is unrelated to alcohol, the police officer might subject you to a test to determine your BAC. The officer may have you complete a breathalyzer test, and if you fail, you will face charges for a DWI in addition to any penalties for the underlying stop.

How Often Are DWI Arrests Happening in North Carolina?

In 2019, there were 11,639 DWI arrests. Many DWI cases are ultimately dismissed, and an experienced attorney can help improve the likelihood that your charges will be dismissed.

Statistics from Mothers Against Drunk Driving (MADD) state that 32% of all traffic-related fatalities across the U.S. involve drivers under the influence. Despite this alarming percentage, police are known for being overzealous when trying to pursue North Carolina drivers who may be under the influence. With an attorney in your corner, you can have help positively resolving a conviction for a DWI and can hopefully avoid becoming part of the arrest statistical data.

What Penalties Are There for a DWI Conviction?

North Carolina has severe DWI penalties, and the possible consequences you might face depend on the specific circumstances involved in your offense. There are five levels of DWI offenses, with Level V as the least severe and Aggravated Level I as the most serious.

If you or a loved one needs help, an attorney can provide substantial assistance throughout a DWI case. Contact a knowledgeable DWI attorney to discuss your side of the story and all available legal options.

FAQs

Can I Get My DWI Dismissed in North Carolina?

Yes, it’s possible to get your DWI charges dismissed in North Carolina, and your likelihood of successfully dismissing charges typically depends on whether the police made any errors collecting/processing the evidence to be used in your case. Also, you may have a higher likelihood of a dismissal if your constitutional rights were violated during the traffic stop or during your arrest. A licensed NC attorney can comprehensively discuss whether you may have your charges dismissed.

What Kind of NC Attorney Can Assist With a DWI Charge?

For a DWI charge, it’s important to consult an experienced NC criminal defense attorney who routinely handles DWI charges in our state. An attorney can assist with navigating the complicated criminal justice system, help with any possible legal defenses, and discuss whether you may dismiss/reduce the charges you face. An attorney familiar with defense casework can provide invaluable assistance tailored to your unique case.

Does a DWI in NC Automatically Result in a Suspended Driver’s License?

Yes, unfortunately, a DWI in North Carolina automatically results in a suspended driver’s license for at least a year. However, thereafter, you might be eligible to regain your driving privileges in a limited capacity after a specified period of time once you’ve met certain conditions. Typically, you have to complete an education/treatment program. An attorney can discuss the penalties you may face that are specific to your case and help you avoid a DWI conviction altogether.

Is There a Difference Between a DUI and a DWI?

No, North Carolina doesn’t differentiate between a DUI and a DWI. Some states have reduced penalties for a DUI (driving under the influence) because it could be a charge for driving under the influence of any substance. Here in North Carolina, charges are typically for a DWI, and the consequences include installing an interlock ignition device, jail time, loss of the privilege of driving, and/or fines.

Griffin Law, PLLC, Can Help With Your DWI Matter – Contact Us Today

The right legal assistance can make a big difference with overwhelming DWI charges. Jonathan D. Griffin at Griffin Law, PLLC, can investigate your case and work diligently to protect your legal rights and future. We understand the incredibly high stakes of any DWI charge, and we can help you throughout your criminal defense.

Our law office is convenient for residents of Iredell County, as we’re right off I-40 and I-77 with plenty of client parking.

Reach out today for a consultation with an experienced attorney. Take the first step towards building a solid defense against your serious DWI charges.