If you’re like most people across North Carolina, you probably like to have a good time. For some, a good time includes hanging out with friends and consuming a few alcoholic beverages. Afterward, some make the right decision and get a sober ride home. But there are always the few who make the mistake of thinking they’re ok to drive. It’s at this moment that a mistake becomes a crime — a crime that can cost you a lot down the road.
In North Carolina, driving while impaired (DWI), also referred to as driving under the influence (DUI), is assessed using five levels. A level 5 charge is considered the least serious, with consequences like a maximum fine of $200 and a maximum of 60 days in jail. A level 1 charge is considered the most serious, with consequences like a maximum fine of $4,000 and a maximum sentence of two years in jail.
| DWI Level | Relative Severity | Potential Consequences Mentioned on This Page |
|---|---|---|
| Level 5 | Least serious of the five levels | Maximum fine of $200 and a maximum of 60 days in jail |
| Levels 4 through 2 | Increasingly serious | Penalties increase based on the level and circumstances of the case |
| Level 1 | Most serious of the five levels | Maximum fine of $4,000 and a maximum sentence of two years in jail |
| Habitual DWI | Felony offense | May apply when a person receives three convictions within a seven-year period and is charged again |
Though these DUI/DWI offenses are misdemeanors at first, receiving three convictions within a seven-year period automatically makes your next drunk driving charge a felony.
If you’ve been pulled over for a DUI/DWI offense in North Carolina, you may not just face fines and the possibility of jail time. Your driver’s license could be revoked, your vehicle may be seized and your insurance rates could go up because of a conviction. You might even lose your job because of your inability to drive.
Don’t let this be your future. Consider these tips during a traffic stop and remember that you always have the right to a lawyer. Secure the services of an experienced criminal defense lawyer like attorney Dylan W. Greenwood and you could potentially avoid some of these consequences.
A DWI investigation begins long before an arrest is made. In this episode of For The Record with Greenwood Law, attorney Dylan W. Greenwood explains what happens during a North Carolina DWI traffic stop, from the officer’s initial observations to field sobriety testing, chemical tests, and early court proceedings. Learn how your actions, the evidence collected, and the details of the stop can influence the direction and outcome of a DWI case.
In North Carolina, penalties for first-time DWI offenses vary depending on the severity of the offense, which will be categorized into one of five levels. Level V is the least severe, and Level I is the most severe. Here’s a breakdown of the possible penalties for each level:
Aggravating factors such as a high BAC (.15 percent or more), reckless driving, or causing a collision can influence the severity of the punishment. Mitigating factors like a low BAC (.09 percent or less), prescribed medication, or safe driving can lead to lesser penalties. Judges weigh these factors during sentencing.
All DWI convictions require you to complete a substance abuse assessment and complete any recommended treatments for driver’s license restoration. The North Carolina Division of Motor Vehicles (DMV) will revoke the driver’s license of anyone convicted of a DWI.
First-time offenders face a license revocation period of one year and must install an ignition interlock device (IID) for the same duration. Early license reinstatement is possible with alcohol monitoring. Additionally, first-time offenders can qualify for limited driving privileges during revocation periods, allowing them to drive to work, school, and religious services under certain conditions.
Possible DWI-related expenses include court fees, fines, and potentially the cost of any court-ordered educational programs, treatment for substance abuse, or probation monitoring. Fines for a DWI can range from as low as $200 to as high as $4,000, depending on the circumstances.
Additional financial implications could include the cost of license reinstatement, surging auto insurance premiums, and the installation of an IID. When combined with legal fees and the potential loss of income during this period, the total cost associated with a DWI charge can easily surpass $10,000. This is why it’s so important to seek experienced legal counsel to protect your rights and minimize the financial implications of DWI charges in North Carolina.
Getting your DWI charge dismissed in North Carolina requires a strong and well-constructed defense. Engaging an experienced DWI defense lawyer is critical. Your defense lawyer can examine every aspect of your arrest and the evidence collected to identify procedural missteps, violations of your legal rights, or flaws in the case against you. Prompt action and consultation with a qualified DWI defense attorney can significantly increase your odds of a favorable outcome, possibly including a dismissal.
Avoiding a DWI conviction is within the realm of possibility, but it hinges on the implementation of a compelling defense strategy tailored to the specifics of your case. Common defense angles involve disputing the legitimacy of BAC test results or demonstrating that the officer lacked a valid reason for the initial traffic stop. A knowledgeable criminal defense lawyer can navigate the legal system on your behalf, negotiate with prosecutors, and work toward a reduction or dismissal of the charges against you.
North Carolina has typically defined vehicles as any motorized transportation operated on public roads or areas. This means you could potentially get a DWI on a golf cart, boat, etc.
Yes, you have the Constitutional right to refuse field testing. Evidence of your refusal may be testified to in a court hearing, but there is no effect to your license for refusing these tests. Further, if you refuse a chemical test at the police station, your license may be suspended for a year.
Even if the evidence against you seems strong, we will question everything from the stop to the field sobriety tests. We approach each DUI/DWI case using successful defense strategies that help refute the prosecution’s case to show your side of the story. If your constitutional rights were violated, we make sure that illegally obtained evidence gets thrown out.
If you’re facing drunk driving charges in Winston-Salem or elsewhere in Forsyth County, we urge you to contact our law firm, Greenwood Law. We put the law on your side and protect your rights throughout the entire legal process. Call our Winston-Salem office today at 336-661-8788 or schedule an appointment using this online contact form.
