| North Carolina DWI Law | | | | whose license has been revoked for a previous DWI. |
| In North Carolina, it is a crime to drive while under the | | | | Because the intolerance for drunk drivers has |
| influence of alcohol or drugs. This means that, if you | | | | increased and resulted in stiffer DWI laws in North |
| are arrested for driving while intoxicated, you will face | | | | Carolina, it is important that you contact a North |
| criminal charges and all of the penalties associated | | | | Carolina DUI attorney immediately after being arrested |
| with these charges. For DWI in North Carolina, the | | | | for a DWI offense. If you do not take advantage of |
| penalties may include fines, jail time, and other | | | | the experience and knowledge of a skilled North |
| punishments that have the power to negatively impact | | | | Carolina DUI lawyer, there is a good chance that you |
| your quality of life and make it difficult to continue with | | | | will be convicted of a DWI offense. |
| your normal activities. Because of this impact, you | | | | North Carolina DWI Criminal Penalties |
| should speak with a North Carolina DUI lawyer | | | | North Carolina is one of the harshest states in terms |
| immediately after being arrested. North Carolina's DWI | | | | of the penalties associated with DWI. In many states, |
| laws are some of the harshest laws in the United | | | | the penalties for subsequent offenses after a first |
| States. Having a North Carolina DUI attorney by your | | | | offense are simply enhanced to include higher fines, |
| side can help you to face the charges against you and | | | | more jail time, and longer suspension periods. In North |
| give you the best chance of winning your case. | | | | Carolina, the penalties are much more severe for |
| North Carolina DWI Law | | | | second and subsequent offenses. The penalties that |
| The DWI law in North Carolina is outlined in North | | | | you can face include fines, jail time, and license |
| Carolina General Statute §20-38 and §20-16. | | | | suspension. |
| There are two ways you can be prosecuted for a | | | | North Carolina DWI Jail Terms |
| DWI charge in North Carolina, like there are in many | | | | The jail term for a DWI offense is determined based |
| other states. One is a traditional, common law driving | | | | on the level of offense. In North Carolina, the levels of |
| under the influence charge. With this type of charge, | | | | offense range from one to five with one the most |
| the prosecutor is seeking to have you convicted of | | | | serious type of offense and five the least serious type |
| being too impaired to operate a motor vehicle. | | | | of offense. The level of offense depends on |
| Information about your driving habits, accidents you | | | | aggravating factors and any prior offenses. The jail |
| have caused, appearance, and the results of any field | | | | time for DWI is 24 hours to 60 days for a level 5 |
| sobriety tests may be introduced into this type of case | | | | offense, 48 to 120 days for a level 4 offense, 72 |
| to show that you had an appreciable level of | | | | hours to 6 months for a level 3 offense, 7 days to one |
| impairment due to the consumption of alcohol. There is | | | | year for a level 2 offense, and 30 days to two years |
| also a "per se" law in effect in North Carolina. This | | | | for a level one offense. |
| means that you can be prosecuted for DWI based on | | | | North Carolina DWI Fines |
| having a specific level of alcohol concentration in your | | | | The fines for DWI in North Carolina are not more than |
| blood. This type of charge is not concerned with your | | | | $200 for a level 5 offense, not more than $500 for a |
| level of impairment or any of the information that can | | | | level 4 offense, not more than $1,000 for a level 3 |
| be introduced about your driving or appearance. If your | | | | offense, not more than $2,000 for a level 2 offense, |
| blood alcohol concentration level meets or exceeds | | | | and not more than $4,000 for a level 1 offense. These |
| the legal limit of 0.08%, this can be used to show that | | | | penalties can negatively impact your quality of life and |
| you were in violation of North Carolina's DWI laws. | | | | make it impossible to meet all of your obligations in life. |
| There have been recent amendments to North | | | | If you have been arrested for a DWI in North Carolina, |
| Carolina's DWI laws that strengthen open container | | | | contact a skilled North Carolina DUI attorney after your |
| laws, ignition interlock requirements, and repeat | | | | arrest to preserve your rights and try to save your |
| offender penalties. | | | | reputation. |
| North Carolina is rather unique because someone | | | | Additional North Carolina DWI Penalties |
| suspected of DWI does have the right to refuse | | | | You will also be required to attend a DUI education |
| chemical testing. In other states, this right does not exist | | | | program if you are convicted of DWI and you will also |
| and the suspect can face additional fines and penalties | | | | face a license suspension of 6 months or more in |
| and lengthened license suspension periods. The police | | | | length. Your vehicle may be impounded for up to 10 |
| in North Carolina must also assist anyone suspected | | | | days due to a DWI offense. While your license is |
| of DWI in obtaining an independent chemical test if the | | | | suspended, you may be able to apply for a provisional |
| person is in police custody. In this case, the suspect | | | | license. If you are eligible, this license will help you to |
| must be allowed to use the phone to make plans to | | | | maintain employment and get to necessary |
| submit to an independent chemical test. | | | | appointments like doctor visits and school courses. If |
| In addition, North Carolina can seize the vehicle of a | | | | you have been arrested for a DWI in North Carolina, |
| driver whose license is revoked by another state, if the | | | | contact a North Carolina DUI attorney as soon as |
| revocation is for an offense that is "substantially" | | | | possible. Having a skilled North Carolina DUI lawyer on |
| similar to one -- if committed in North Carolina -- would | | | | your team can help you to defend yourself against the |
| make the vehicle subject to seizure. This would apply | | | | serious charges you are facing. |
| to a DWI violation charged to an out-of-state driver | | | | |