- Winston-Salem, North Carolina
North Carolina isn’t lenient with people who are convicted of driving while intoxicated (DWI). You can end up facing steep fines, the suspension of your license, and even prison time. If you’re arrested on suspicion of DWI and booked in the Randolph County Jail, you need to contact Greenwood Law for representation.
We have decades of experience providing people throughout North Carolina with strong defenses to fight their charges. Learn more about how the Asheboro DWI lawyers at Greenwood Law can make a difference.
In North Carolina, as in the rest of the country, it’s illegal for someone over the age of 21 to drive with a blood alcohol level of 0.08% or greater. The state has a zero-tolerance policy for drivers under the age of 21 who have any level of intoxication, so even a low BAC can get you charged.
There are a few levels of DWI charges you can face. They are classified as misdemeanors unless — or until — you are convicted of three DWIs in seven years. After that, these crimes rise to the felony level.
This is the least serious DWI charge. If convicted, you could face a jail sentence of anywhere from 24 hours to 60 days and a fine of up to $200. A judge can suspend the sentence, but you would have to not drive for 30 days or perform community service hours.
A Level 4 DWI can earn you a fine that is as high as $500 and a sentence ranging from 48 hours to 120 days in jail. However, the judge has the power to suspend all of this and instead require you to perform 48 hours of community service or not drive for 60 days.
For Level 3 DWIs, you face up to $1,000 in fines and a maximum jail sentence of six months. It’s possible for the judge to suspend the sentence and allow you to perform at least 72 hours of community service or not drive for 120 days.
Level 2 DWI convictions carry minimum jail sentences of seven days and fines of up to $2,000. The maximum is one year. The judge can’t suspend the minimum sentence.
The most serious DWI charge is Level 1, which comes with a fine of up to $4,000, a minimum jail sentence of 30 days, and a maximum sentence of two years. The judge can’t suspend the minimum sentence for Level 1 DWIs, either.
You can be charged with a Level 1 Aggravated DWI if there are three or more grossly aggravating factors. These include:
Other aggravating factors can include having a BAC of 0.15% or greater, causing an accident while DWI, and speeding. If you’re convicted of a Level 1 Aggravated DWI, you can face up to $10,000 in fines and a minimum of 12 months in jail. The judge can’t suspend this sentence.
If you’re stopped anywhere in Randolph County, whether near North Carolina Zoo in Asheboro or Creekside Park golf course in Archdale, on suspicion of being intoxicated, the officer can require you to take a field sobriety test. You’re allowed to refuse to take these tests, which are often unreliable. Be polite, and don’t raise your voice.
You also have the right to have a witness present during the test. This will usually mean the officer will take you back to the police station, which can help a bit of time pass and possibly allow your BAC level to drop.
Refusing to take a breathalyzer or any other test at the station means facing a suspension of your driver’s license for a year. That’s because North Carolina has implied consent laws. You can, however, apply to get limited driving privileges back after six months.
During the arrest, the officer needs to inform you of your rights. Pay attention to when they read you your Miranda Rights since this can be significant when preparing a defense. You also want to pay close attention to the way the officer treats you and what protocols they follow.
Always comply with the officer and don’t offer more information than is absolutely necessary. You never want to mention that you’ve been drinking, even if you had a single glass of wine.
As soon as possible after you’ve been arrested, you need to contact experienced DWI attorneys for help. At Greenwood Law, we will fight to ensure that your rights are respected.
One of the most crucial ways our DWI attorneys can help is by investigating how the traffic stop occurred. A police officer can’t just stop you to ask if you’ve been drinking. They need to have a valid reason, and they also need to be within their jurisdiction. If they’re not, the charges could be dropped.
If the stop occurred as part of a DWI checkpoint, the officer has to have followed all protocols. We’ll investigate this thoroughly, including looking at whether the checkpoint was set up correctly.
Our lawyers will also take a close look at any field sobriety tests. If they’re not approved by the National Highway Traffic Safety Administration (NHTSA), they can be excluded as evidence. Often, even tests that are NHTSA-approved can result in false positives. We have professionals who can look at whether the results can be trusted or not.
We’ll also investigate every detail of the arrest. If the police officer didn’t advise you of your rights correctly or at all — or if they behaved in any way that wasn’t appropriate — we can use that in your defense.
Remember to note whether you were denied having a witness during testing or weren’t allowed to call a lawyer until long after your arrest. If either circumstance applies to your case, we could use that to get your charges dropped.
A police officer who used coercion or deceptive language during the stop and arrest can also be a factor in getting charges dismissed. We’ll look at any recordings or interview transcripts to ensure that you weren’t tricked into taking a sobriety test because the officer lied to you about the consequences of your refusal.
Having our team of DWI attorneys beside you ensures that all of your rights are respected throughout the process. We will fight to make sure that you’re treated fairly.
If you’re arrested for DWI, it’s essential that you remain calm and polite and that you take the first chance you have to contact Greenwood Law. Our team of Asheboro DWI lawyers have decades of experience helping clients facing DWI charges, including felonies.
We know how stressful the process of going through the legal system can be, so we strive to provide dependable and aggressive defenses for our clients. If you’re facing DWI charges, contact the team at Greenwood Law to schedule a consultation with an experienced Asheboro lawyer.
