Charged with a DWI in Raleigh, NC? Protect your rights and future with an experienced DUI defense attorney in North Carolina.
In my career, I have defended thousands of clients involved in various traffic violations, including more serious DWI and DUI charges. DWI in NC is a serious crime, so you will want the best DWI lawyer in Raleigh.
If you are charged with a DWI, that means you were found driving while under the influence of drugs or alcohol. Being charged with a DWI in Raleigh, NC is the same as across the state, regardless of the city.
Drunk driving and drugged driving (driving under the influence of drugs) is a criminal offense in NC, and a person could be charged if they drive after consuming any amount of drugs or alcohol. The important thing to consider is that all of these substances affect a person’s ability to drive. To help fight these charges, you will want to hire a DWI defense attorney for North Carolina
Some states distinguish between these abbreviations being separate charges with varying severity (DUI vs DWI), but North Carolina uses the DWI charge to encompass all cases of impaired driving.
DWI stands for Driving while Intoxicated or Driving while Impaired. Other common abbreviations of related charges are:
If you are suspected of driving while under the influence of alcohol, your blood may be tested for the blood alcohol concentration or BAC. This percentage measures the amount of alcohol present in the blood. You may also be asked to conduct a variety of sobriety tests.
The DWI blood alcohol limit in NC is .08. Driving with a blood alcohol concentration of .08 or more is a criminal offense in North Carolina.
Depending on the severity of the case, this could lead to license suspension from a DUI or community punishment. It is crucial that you hire a DWI lawyer in NC to reduce the overall impact these events can have on your future.
One common myth associated with BAC measurements includes thinking that someone can predict if they are sober enough to drive. Just because someone feels that they are sober after having a drink does not mean that there is no alcohol in their blood.
Similarly, having a higher alcohol tolerance does not mean that you will have a low BAC. Even if one has a high alcohol tolerance, it will still be present in the blood at high levels if someone has been drinking.
You also cannot lower your BAC with a shower or drinking coffee. Time is the most important factor for blood alcohol concentration.
If you are pulled over by a police officer and asked to blow into a breathalyzer, you have already consented to submit a blood or breath test. But why?
NC has implied consent laws for DWI charges.
Implied consent is a type of consent that is granted by someone’s actions or circumstances. Many implied consent laws relate to driving charges. In the United States, including North Carolina, if you hold a driver’s license, then you have implied consent to a breathalyzer or blood test to determine blood alcohol levels. Refusing these tests can lead to your driving license being revoked for a year or more.
For further reading, see N.C. Gen. Stat. § 20-16.2.
Beyond alcohol, NC may charge you with a DWI if you are under the influence of a number of other drugs. North Carolina prohibits someone consuming any amount of Schedule I controlled substances and then driving. Schedule I controlled substances include drugs such as heroin and various opiates. Unlike alcohol, any amount of these substances in the blood may result in a DWI.
Some prescription drugs can also affect driving abilities, so make sure that you are cleared to drive with any new medications prescribed by a doctor.
For the full list of Schedule I controlled substances, see N.C. Gen. Stat. § 90‑89.
It is possible that you may get in trouble if you are a passenger when someone is charged with a DWI in NC. This is encompassed in Aiding and Abetting DWI. If you are charged with Aiding and Abetting, it would be a good idea to hire a criminal defense attorney in Raleigh, especially someone experienced in DWI law and penalties.
Encouraging someone to drink and drive is a punishable offense. Failing to stop someone from driving drunk or impaired may also lead to criminal charges. This is called Aiding and Abetting DWI. In North Carolina, aiding and abetting DWI can carry similar penalties as a DWI.
Examples of aiding and abetting can be as simple as being a passenger in a vehicle with the driver is impaired, but by definition, aiding and abetting DWI is when someone knowingly allows an impaired person to drive. Charges will heavily depend on circumstances, so it is best to prevent someone from driving if they have been drinking or taking drugs.
There are slightly different regulations for the drivers of commercial vehicles, including trucks, buses, and delivery vehicles. While most drivers are tested for a BAC of .08 or higher, a person driving a commercial vehicle is held to a stricter standard. Drivers of commercial vehicles may not have a blood alcohol concentration of .04 or more.
For more details, see N.C. Gen. Stat. § 20‑138.2.
The minimum legal drinking age (MLDA) in the United States is 21.
North Carolina has zero tolerance for people under the age of 21 driving after drinking alcohol. If a driver is suspected for having drunk alcohol, they can be compelled to perform a breath screening or blood test.
The penalties for DWI under the age of 21 can be very strict since these drivers are also violating the minimum legal drinking age (MLDA).
North Carolina has a zero tolerance policy for anyone who operates a school bus, child care vehicle, emergency medical service vehicle, firefighting vehicle, or law enforcement vehicle after consuming alcohol.
If you are found to have any amount of alcohol in the blood while operating one of these vehicles, you may be charged with a crime.
You may also be charged with additional criminal charges such as child endangerment or public safety violations, as DWI in NC for bus drivers or public service vehicles is a serious offense.
Sentences for DWI in NC vastly depend on the circumstances but can be as harsh as 2 years in prison on top of fines.
If you are charged with a DWI in NC and this is your first offense, do not panic. Understand that these charges may still lead to license suspension or revocation – but it all depends on your BAC and other aggravating and mitigating factors.
There are 5 levels for DWI sentencing in North Carolina. Level 5 is the lowest tier, and charges will ascend when considering factors involved in the case. These factors are Grossly Aggravating Factors (GAFs), Aggravating Factors, and Mitigating Factors. Aggravating Factors are facts that increase the severity of the crime and resulting punishment, while Mitigating Factors reduce the severity.
Repeat offenses, negligent driving, or an especially high BAC are examples of aggravating factors that will raise the charges and sentencing of a DWI. It is the responsibility of the state and prosecution to prove that aggravating factors exist. The penalties for repeat DWI offenses can escalate, so you will need an affordable DUI lawyer in Raleigh to minimize future impact.
Mitigating factors include a safe driving record, lawful driving, and cooperation with law enforcement in assessing the level of impairment. Defendants are responsible for presenting mitigating factors to take into account for their case, but an experienced DUI attorney in NC will be able to spot these factors and highlight them for the court.
See the full statute and all of the factors outlined in N.C. Gen. Stat. § 20‑179.
North Carolina allows individuals to apply for a restricted license after license revocation from a DWI. A restricted license allows someone to drive under specific circumstances if they have good reason.
Restricted licenses typically limit driving to a window of time approved by a judge. A criminal defense lawyer can help you get approved for this special license by working with the court.
If your NC driver’s license was previously revoked for a DWI, you may be able to restore your license in the future. License revocation will depend on prior DWI convictions as well as the sentencing level.
If you are able to restore your license, you will first need to obtain a certificate of completing DWI assessments from the NC Department of Health and Human Services. Additionally, you will need to pay a restoration fee.
You may also be required to use an ignition interlock device (IID) or breath alcohol ignition interlock device (BAIID). These are also sometimes called car breathalyzers and are devices installed in your vehicle that will prevent the engine from starting if it detects alcohol in your system.
If you are facing a DWI charge, you do not have to do so alone. An experienced DUI lawyer will assist you throughout the process of the court while protecting your rights and interests. Contact our office today to schedule a meeting to discuss your case.
Being charged with Driving While Impaired (DWI) in North Carolina can lead to serious consequences including license suspension, fines, possible jail time, and a criminal record. It's important to speak with a qualified DWI defense attorney as soon as possible.
Penalties vary depending on the severity and circumstances. They can include:
Fines
License suspension
Jail time
Community service
Alcohol education classes
unfortunately, a DWI conviction cannot be expunged under current North Carolina law.
An experienced DWI attorney can:
Review the legality of your traffic stop
Challenge test results or procedures
Negotiate for reduced charges or penalties
Represent you in court and DMV hearings