What Are the Five Levels of DWI in North Carolina?
DWI sentencing is a complex system. North Carolina categorizes offenses by the following:
- Aggravated Level 1: 12 to 36 months in jail and up to a $10,000 fine. If you get probation, you must serve at least 120 days in jail and 120 days of continuous alcohol monitoring (CAM).
- Level 1: 30 days to 24 months in jail and up to $4,000 in fines. If you get probation, you must serve at least 30 days in jail and submit to the judge’s required contingencies (e.g., rehabilitation, community service).
- Level 2: 7 days to 12 months in jail and up to a $2,000 fine. If you get probation, you must serve at least 7 days and submit to the judge’s required contingencies (e.g., rehabilitation, community service).
- Level 3: 72 hours to 6 months in jail and up to a $1,000 fine. If you get probation, you must serve at least 72 hours in jail and/or at least 72 hours of community service.
- Level 4: 48 hours to 120 days in jail and up to a $500 fine. If you get probation, you must serve at least 48 hours in jail and/or at least 48 hours of community service.
- Level 5: 24 hours to 60 days in jail and up to a $200 fine. If you get probation, you must serve at least 24 hours in jail and/or at least 24 hours of community service.
Understanding these levels helps in preparing for the various outcomes that could follow a DWI charge. Each level also involves specific conditions for probation and additional requirements like mandatory substance abuse assessments. Having a detailed knowledge of these levels allows your legal defense to tailor specific arguments that mitigate the severity of the penalties, aligning with factors such as prior records and behavior during the arrest process.
Will You Go to Jail for Your First DWI in North Carolina?
In North Carolina, the minimum jail time for your first DWI is 24 hours. DWIs range from Level 1 to 5, and your first DWI's severity can vary depending on the circumstances.
The potential for jail is just one aspect of the consequences you may face. North Carolina takes a comprehensive view of impaired driving, meaning that additional factors such as blood alcohol content (BAC) and any injuries or damages caused during the incident are also considered. Legal representation aims to reduce these penalties by addressing issues like unlawful stops or inaccuracies in the administered tests. Engaging a proactive defense early on can significantly alter the case's trajectory, especially for first-time offenders.
Potential Factors That Can Increase Penalties
The consequences people face for a DWI in North Carolina are not one-size-fits-all. For example, you will face increased penalties if:
- You have previous convictions.
- You were driving at an excessive speed.
- You were driving with a revoked license.
- Your blood alcohol content (BAC) was over .15%.
Furthermore, you can be charged with DWI for having a BAC of less than the standard .08%, if, for example:
If you are facing a DWI/DUI charge, contact our Wilmington DWI defense lawyer online or by calling (910) 400-8285 today.
Our Approach to DWI Defense
The penalties for a DWI conviction can weigh heavily on your life, whether they be jail time, heavy fines, a suspended or revoked license, substance abuse treatment, or community service. We can help you work toward a better outcome. When you come in to discuss your case, our team can give you some perspective about your options and how we might best proceed in building a defense to fight your DWI charges.
Any field test, blood alcohol, or breath test that the arresting officer performs can be used as evidence against you. However, those tests can also become the basis of the defense we build on your behalf. Was the equipment calibrated and used correctly? Did the officer conduct the arrest appropriately? These are matters we can discuss when you come in for your consultation.
Other defense tactics we may use in your DWI case include:
- Lack of probable cause for the arrest.
- Faulty police investigation.
- You were not impaired, but you were driving poorly at the time.
Can a DWI Be Reduced in NC?
In North Carolina, it is possible for a DWI (Driving While Impaired) charge to be reduced under certain circumstances. However, the decision ultimately rests with the prosecuting attorney and the judge overseeing the case. The specific factors that may affect the possibility of reducing a DWI charge can vary, so it's important to consult with a qualified Wilmington defense attorney who knows the state's DWI laws intimately.
In general, to increase the chances of reducing a DWI charge, several factors may be taken into consideration:
- Strength of evidence: If the prosecution's case is weak or there are potential issues with the evidence against you, it may be possible to negotiate a reduced charge.
- Prior record: If you have a clean driving record and this is your first offense, the prosecutor may be more likely to consider reducing the charge.
- Blood alcohol concentration (BAC): If your BAC was relatively low or close to the legal limit at the time of arrest, it may be a factor in negotiating a reduction.
- Cooperation and attitude: Demonstrating remorse, taking responsibility for your actions, and showing a willingness to participate in alcohol education or treatment programs may be viewed favorably by the prosecutor and judge.
Working with a local lawyer offers an advantage in identifying other circumstances that could lead to a charge reduction, such as procedural errors during the arrest or discrepancies in test results. A defense strategy tailored to exploit such factors can make a meaningful difference in the negotiations with the prosecution.
Learn More from Our Wilmington DWI Lawyer Today
While you're likely already stressed out, it costs you nothing to come in and get the information you need from an experienced DWI/DUI lawyer in Wilmington. Make an appointment with our criminal law firm as soon as possible to get started on your criminal case.
Frequently Asked Questions
What Should I Do If Pulled Over for a Suspected DWI in Wilmington?
First and foremost, remain calm and politely comply with the officer's requests for documentation. You must provide your driver’s license, vehicle registration, and insurance information. If asked to step out of the vehicle or perform sobriety tests, understand that while you have the right to refuse, this could result in automatic penalties, including license suspension. It's critical to avoid admitting guilt or offering information that could be used against you. After the encounter, contacting The Wagoner Law Firm, P.L.L.C. can help protect your rights and navigate the legal proceedings that follow. Our firm understands the stress and uncertainty of such situations and is here to guide you through every step.
How Can I Reinstate My License After a DWI Conviction?
Following a DWI conviction, reinstating your license requires fulfilling several conditions. You may need to complete a period of license suspension, enroll in a substance abuse assessment, and potentially partake in recommended treatment programs. Paying all necessary fines and fees is also a requirement. Engaging with a local attorney familiar with North Carolina’s reinstatement process ensures you meet all criteria efficiently. At The Wagoner Law Firm, P.L.L.C., we help streamline this process, equipping you with the necessary knowledge and tools to regain your driving privileges as soon as possible.
What Are My Options If I Cannot Afford Court Fines for a DWI?
If facing financial difficulty in paying court fines related to a DWI, exploring alternative options such as payment plans or community service may be viable. Discussing your situation with the court or a legal advisor like The Wagoner Law Firm, P.L.L.C. could uncover additional support mechanisms or adjustments to your financial obligations. We are committed to assisting clients in understanding these options, making the legal process less burdensome financially while ensuring you fulfill your duties compliantly.
