Driving While Impaired

Understanding Drunk Driving Penalties In North Carolina

A DUI conviction, whether for drugs or alcohol, will result in penalties such as:

• Jail time ranging from 30 days up to several years
• A license suspension of at least one year
• Mandatory use of an ignition interlock device, including the cost of installation
• Fines totaling hundreds or even thousands of dollars

Repeat offenses come with harsher penalties, including a longer license suspension or revocation and a harsher prison sentence.

How To Fight DWI Or DUI Charges

Given the harsh consequences of a DUI conviction, it’s well worth hiring a drunk driving defense attorney to push for a better outcome, whether a dismissal of the charges, probation instead of jail time or other favorable results.

Fighting a drunk driving charge might involve many angles such as:

• Challenging whether the police had legal grounds to pull you over
• Challenging the accuracy or administration of the field sobriety tests
• Challenging the blood alcohol test or blood test

Additionally, if the police or prosecution violated your rights, that may be grounds to have the charges reduced or dismissed. It all depends on the circumstances, which is why it’s so important to hire a knowledgeable legal team such as ours.

Driving Under The Influence Of Alcohol Versus Drugs

When it comes to drunk driving, North Carolina has a limit of .08 blood alcohol concentration (BAC). If you’re caught driving above the limit, you will face DUI charges. Even if your BAC was below the limit, you can still be charged if you had been drinking and you were noticeably impaired behind the wheel.

Drug-based DUIs are a little different. You can face DUI charges if you’re caught driving with any amount of a Schedule 1 controlled substance in your system. Cannabis (marijuana) charges are more complicated, however, since THC (the psychoactive component of weed) will last longer in your bloodstream. These cases are harder for the prosecution to prove, which means it’s often easier to successfully fight the charges.

Protect Your Driver’s License

A DWI arrest triggers an immediate and automatic license suspension in North Carolina. For many people, losing their driver’s license is a major inconvenience. It might mean you can’t get to work, to school, to pick up your kids and to go about your daily life.

If you meet certain criteria, you may be able to apply for limited driving privileges. Our lawyers can help you pursue that option to make your life a little easier amid the difficulties you’re already facing.

Is There A Difference Between A DWI And DUI In North Carolina?

In North Carolina, there is no practical difference between a DWI (Driving While Impaired) and a DUI (Driving Under the Influence). The state officially uses the term DWI, which is impairment due to alcohol and drugs. While DUI is commonly associated with drug impairment in some states, North Carolina does not make this distinction in its legal terminology.

Historically, DUI was considered a lesser offense than DWI in North Carolina. However, in 1983, the Safe Roads Act eliminated this distinction, consolidating all impaired driving offenses under the DWI charge. This means that regardless of whether a driver is under the influence of alcohol, prescription medication or illegal substances, they will be charged with DWI.

One key aspect of North Carolina’s DWI laws is that impairment can be proven in multiple ways:

• A blood alcohol concentration (BAC) of 0.08% or higher
• Physical evidence of impairment (such as erratic driving or failing a field sobriety test)
• The presence of drugs in one’s system

Understanding these nuances is important. The penalties for DWI can be severe and include fines, license suspension and potential jail time.

Is A DWI Considered A Felony Or Misdemeanor In North Carolina?

A DWI in North Carolina is classified as a misdemeanor. However, under certain circumstances, it can be elevated to a felony charge.

A felony DWI occurs when a driver has been convicted of three or more DWIs within the past ten years. This is classified as Habitual DWI, a serious offense that carries heavy consequences, including a mandatory minimum one-year prison sentence. Additionally, felony DWI convictions can lead to long-term license revocation and other severe penalties.

Do I Need To Hire A North Carolina Attorney For DWI Charges?

Hiring a private attorney for a DWI charge in North Carolina can greatly impact your case’s outcome. While public defenders are skilled professionals, they often manage high caseloads, limiting their ability to provide personalized attention. A private attorney offers dedicated representation, in-depth case analysis and tailored defense strategies.

Frasier & Griffin, PLLC, has extensive experience with North Carolina’s DWI laws, understands local court procedures, and is committed to protecting its clients’ rights. From challenging evidence to negotiating reduced penalties, we provide the strategic defense necessary to achieve the best possible outcome in your case.