Mocksville DWI Attorneys

No one ever enjoys the sight of police lights in their rearview mirror as they’re driving down Highway 21. And if that driver is caught heading home after having had a few drinks too many, that feeling of dread only goes from bad to worse.

If you’ve just been arrested for driving while intoxicated (DWI), you’re at the start of a long and uncertain journey. Don’t talk to the police, as there is nothing you can do that will effectively undo the arrest. You can, however, do the next best thing: Hire a DWI defense attorney who can protect your rights.

When you work with the DWI attorneys serving Mocksville, NC, at Greenwood Law, you’ll gain a knowledgeable advocate who can fight for you in court while offering you support and guidance through the process.

Understanding the City of Mocksville

Mocksville is a small town located in Davie County, in the western part of the state. Being the county seat, Mocksville is home to the Davie County Courthouse, where local legal matters, including criminal cases, are handled. The town also has law enforcement services through the Mocksville Police Department and the Davie County Sheriff’s Office. Mocksville, North Carolina, is well-connected by several major roads that provide access to the town and surrounding areas. Here are some of the key roads:

U.S. Route 601 (US 601)
Interstate 40 (I-40)
U.S. Route 64 (US 64)
NC Highway 801 (NC 801)
NC Highway 158 (NC 158)
NC Highway 901 (NC 901)
Farmington Road

These roads are essential for commuting, local business, and accessing various services in and around Mocksville. Our DWI Attorneys handle DWI arrests that occur on these rounds and the surrounding areas. We are very familiar with the terrain and understand NC’s driving laws.

The Levels of DWI in North Carolina

Most people don’t think about the penalties for DWI charges until they’ve already been arrested. And for many of our clients, the consequences they could face are a primary concern. In North Carolina, DWI charges and sentencing are fairly complex.

There are six different levels, each with different penalties:

Level 5

More than half of North Carolina DWI convictions fall into this first category, which, thankfully, is the least serious of the six levels. If convicted, you’ll face a fine of up to $200 and a possible jail sentence of anywhere between 24 hours and 60 days, though in many cases, you may do community service instead. If you are placed on probation, you will be ordered to undergo a substance abuse assessment and comply with treatment recommendations.

Level 4

As it is a more serious offense than that of Level 5, people convicted of a Level 4 DWI may face a fine of up to $500 and a jail sentence of 48 hours to 120 days. Like with a Level 5 charge, though, you can often do community service instead. Additionally, if you are placed on probation, you must undergo a substance use assessment and treatment.

Level 3

With a Level 3 DWI, penalties start to get more severe. You’ll face a jail sentence ranging in length from 72 hours to six months (though you will likely still have a community service option), alongside a fine of up to $1,000. While on probation, you also must complete a substance abuse assessment and treatment.

Level 2

Level 2 is where consequences start to become markedly more life-altering. If convicted, you’ll be sentenced to a week to 12 months in jail with no community service option. You’ll also face a fine of up to $2,000.

Level 1

Even though a Level 1 DWI is a misdemeanor, its penalties are harsher than those for some felonies. If convicted, you’ll face a fine of up to $4,000 and a jail sentence of 30 days up to 24 months.

Aggravated Level 1

As the most serious level of misdemeanor DWI charges, the penalties are even greater than those for a Level 1 DWI. They carry fines of up to $10,000 and jail sentences of one to three years.

What Are Aggravating and Mitigating Factors?

You may not immediately know which level of DWI you’re being charged with, especially if you aren’t familiar with what North Carolina considers to be aggravating and mitigating factors.

Your North Carolina DWI attorney should be able to review your case and tell you what level of sentencing you’re up against, but it can be helpful to have a basic understanding of the factors that may influence your case.

Grossly Aggravating Factors

These factors can make a DWI charge especially severe:

A DWI conviction within the previous seven years (each conviction is a separate factor)
Driving on a license already revoked for DWI
Seriously injuring another person due to driving while impaired
Having a child or someone who is considerably physically or mentally disabled in the car with you

Depending on which and how many grossly aggravating factors you display, your case might be escalated to a Level 2, Level 1, or Aggravated Level 1 DWI.

Aggravating Factors

Aggravating factors are slightly less harmful to your case than grossly aggravating factors. There are eight to be aware of:

Having a BAC of 0.15 or greater
Driving recklessly or dangerously
Causing an accident
Driving on a revoked license
Having two or more moving violations totaling at least three points on your license
Speeding while trying to flee arrest
Driving at least 30 mph over the speed limit
Illegally passing a stopped school bus

The law also includes a catch-all: If there is another circumstance not listed that made the offense more severe, that circumstance is also considered an aggravating factor.

Mitigating Factors

Fortunately, if your case involves one or more mitigating factors, you’re more likely to receive a more lenient sentence. North Carolina has seven mitigating factors:

Having a BAC of 0.09 or lower (and not being impaired by additional substances)
Only being slightly impaired
Driving lawfully and safely (besides the intoxication) when arrested
Having a safe driving record
Only being impaired by a prescription medication taken as prescribed
Voluntarily being assessed by a mental health facility and participating in treatment if asked to
Completing a substance abuse assessment and maintaining 60 days of sobriety

Just like with aggravating factors, there’s a catch-all here as well. If there are any other circumstances not listed here that make your offense less severe, they are also considered to be mitigating factors.

Can a DWI Be a Felony?

Many DWIs are misdemeanors, but there are some cases in which a DWI can be a felony charge. If you get four DWI convictions within ten years, the fourth is automatically a felony.

However, North Carolina’s Governor’s DWI Initiative aims to reduce the likelihood of felony DWIs. Under the initiative, if you are arrested for DWI while your license is revoked for another DWI, your car can be seized. If you are convicted, the vehicle is then given to the local school district, which will often sell the car and use the proceeds to support its students.

You also will likely face felony charges if you cause someone’s death while driving impaired, but that charge is generally labeled as a felony death by vehicle, not a DWI. For instance, if you’re driving home from a bar and fatally hit someone crossing Broad Street, you could be charged with both a death by vehicle and a DWI. The former charge would likely be a felony, but the latter would not be. Every situation is different, so you should consult a Mocksville DWI lawyer as soon as possible.

Arrested for DWI in Mocksville?

If you’ve been arrested for a DWI, it’s easy to get discouraged. But you can’t assume you’ll be convicted before your case even begins.

At Greenwood Law, we take pride in the strong, personalized defense strategies we develop for each of our clients, and DWI cases make up a significant portion of what we do. We’ll fight for you from your case’s start to the finish.

Even if the state has irrefutable evidence against you, and you are convicted, our team may be able to negotiate lighter sentencing, including community service instead of jail time, and we’ll ask the court to give you a limited driving privilege so you can still go to work while your license is suspended.

The faster you get in touch with us, the sooner we can get to work on your defense. Call our office or fill out our online contact form today to book a consultation with a Mocksville DWI Lawyer.