Under North Carolina DWI laws, a motorist may not operate a motor vehicle when the influence of alcohol or drugs prevents them from doing so safely. A driver violates the law when they have a blood or breath alcohol concentration of 0.08 percent or more (or 0.04 or more when operating a commercial vehicle).
Drivers who commit DUI will usually face a misdemeanor charge. North Carolina categorizes misdemeanor DWI offenses into five levels, with Level V representing the least severe offenses and Level I the most serious. The grading of a misdemeanor DWI offense will depend on balancing the aggravating and mitigating factors in the case and whether the defendant has prior DUI convictions. For example:
A DWI offense may become a felony when a driver has four or more prior convictions within the past 10 years.
The penalties for a DUI conviction depend on the grading of the offense. Sentences in DUI cases in Forsyth County include:
| DWI Level | How the Level Is Determined | Maximum Fine | Jail Term |
|---|---|---|---|
| Level V | Mitigating factors substantially outweigh aggravating factors. | Up to $200 | 24 hours to 60 days |
| Level IV | Aggravating and mitigating factors are substantially counterbalanced, or there are no aggravating or mitigating factors. | Up to $500 | 48 hours to 120 days |
| Level III | Aggravating factors substantially outweigh mitigating factors. | Up to $1,000 | 72 hours to six months |
| Level II | One grossly aggravating factor applies, other than the passenger-related factor that requires Level I punishment. | Up to $2,000 | Seven days to one year |
| Level I | Two grossly aggravating factors apply, or the offense involved a qualifying passenger protected under North Carolina law. | Up to $4,000 | 30 days to two years |
| Aggravated Level I | Three or more grossly aggravating factors apply. | Up to $10,000 | 12 months to 36 months |
Motorists may also face other consequences from an arrest or conviction for intoxicated driving, such as a driver’s license revocation in cases where a motorist refuses to submit to chemical testing after a DUI arrest. A criminal record with a DUI conviction can also have long-lasting financial and personal consequences for a driver, including increased auto insurance costs and the stigma of a criminal record that can make pursuing professional, educational, or personal opportunities challenging.
Even when it seems like the odds are stacked against you, you may have defense strategies you can pursue in your case to fight for a more favorable outcome to your charges. Potential defenses available in a DWI case include:
A DUI defense attorney from Greenwood Law can help you protect your rights and interests when facing prosecution for drunk or drugged driving in Clemmons by: