DWI or Driving While Impaired

Driving while impaired (DWI) is one of the most serious traffic offenses in North Carolina, carrying significant legal, financial, and personal consequences. Whether you’ve been charged with a DWI or are looking to understand the law better, this comprehensive guide explains the key aspects of DWI under North Carolina law. It covers the legal definition, penalties, aggravating factors, and defense strategies while targeting relevant search engine optimization (SEO) criteria.

What is Driving While Impaired (DWI) in North Carolina?

North Carolina General Statutes § 20-138.1 define driving while impaired (DWI) as operating a vehicle under any of the following conditions:

  1. Having a blood alcohol concentration (BAC) of 0.08% or higher (for standard drivers).
  2. Being appreciably impaired by alcohol, drugs, or a combination of substances.
  3. Operating with any amount of a Schedule I controlled substance (e.g., heroin, cocaine) in your system.

For commercial drivers, the BAC limit is 0.04%, while for drivers under 21 years old, any detectable alcohol results in a violation due to North Carolina’s zero-tolerance policy.

How DWI is Determined in North Carolina

Law enforcement officers use a variety of methods to determine impairment:

  • Field Sobriety Tests: These standardized tests evaluate coordination, balance, and cognitive function.
  • Breathalyzer Tests: Officers use breath tests to measure BAC levels at the scene or at the station.
  • Blood or Urine Tests: If drugs are suspected, chemical tests may be administered to detect substances.

Refusing to take a chemical test can lead to an automatic license suspension under North Carolina’s implied consent law.

Penalties for DWI in North Carolina

North Carolina takes DWI offenses seriously, and penalties vary based on the severity of the offense and prior convictions.

Levels of DWI Sentencing

DWI sentencing is categorized into five levels, with Level I being the most severe and Level V the least.

  • Level V DWI:
    • Jail time: 24 hours to 60 days (or community service).
    • Fine: Up to $200.
  • Level IV DWI:
    • Jail time: 48 hours to 120 days (or community service).
    • Fine: Up to $500.
  • Level III DWI:
    • Jail time: 72 hours to six months (or community service).
    • Fine: Up to $1,000.
  • Level II DWI:
    • Jail time: Seven days to one year.
    • Fine: Up to $2,000.
  • Level I DWI (most serious):
    • Jail time: 30 days to two years.
    • Fine: Up to $4,000.

Aggravated Level I DWI:

Aggravated Level I sentencing applies when there are three or more grossly aggravating factors. Penalties include:

  • Jail time: 12 months to three years.
  • Fine: Up to $10,000.

This is not an exhaustive list of potential remedies, be sure to contact us to get full information concerning methods of satisfying your active sentences with a potential DWI or Driving While Impaired Conviction.

Aggravating and Mitigating Factors in DWI Sentencing

The severity of a DWI sentence can be influenced by aggravating or mitigating factors. Below are examples of some aggravating and mitigating factors. This is not an exhaustive list, please consult with our attorneys to find out more.

Grossly Aggravating Factors:

  • A prior DWI conviction within the past seven years.
  • Driving with a revoked license due to a prior DWI.
  • Causing serious injury to another person.
  • Driving with a minor (under 18) in the vehicle.

Aggravating Factors:

  • Excessively high BAC (0.15% or higher).
  • Reckless or dangerous driving.
  • Speeding to elude law enforcement.

Mitigating Factors:

  • A safe driving record.
  • BAC just over the legal limit (e.g., 0.08% to 0.09%).
  • Impairment caused by prescribed medications.

License Suspension and Ignition Interlock Requirements

In addition to criminal penalties, DWI convictions result in administrative penalties, such as:

  • License Suspension:
    • First offense: 1-year suspension.
    • Second offense: 4-year suspension.
    • Third offense: Permanent revocation.
  • Ignition Interlock Device (IID):
    • Required for drivers with a BAC of 0.15% or higher or repeat offenders. Drivers must pass a breathalyzer test to start their vehicle.

Defenses Against DWI Charges

If you are charged with DWI in North Carolina, a our attorneys can help build a case to reduce or dismiss the charges. Common defenses include:

  1. Improper Traffic Stop: Challenging whether the officer had reasonable suspicion to pull you over.
  2. Faulty Testing Procedures: Questioning the accuracy of breath, blood, or urine tests.
  3. Medical Conditions: Certain conditions, like acid reflux or diabetes, can produce false BAC readings.
  4. Field Sobriety Test Validity: Arguing that external factors (e.g., poor lighting or uneven surfaces) impacted test results.

This is not an exhaustive list of potential defenses. Please contact us if you have any issues you want to discuss which may effect your case.

Impact of a DWI Conviction

A DWI conviction can have long-term consequences, including:

  • Increased insurance premiums.
  • Difficulty securing employment, especially in roles requiring a clean driving record.
  • Challenges obtaining housing or loans due to a criminal record.

Steps to Take If You’re Charged with DWI

If you are charged with DWI, act quickly to protect your rights:

  1. Hire an Attorney: Consult an experienced DWI attorney here at Doermann Edwards who can guide you through the legal process.
  2. Understand Your Charges: Learn about the specifics of your case during our consultation, including aggravating factors and potential penalties.
  3. Request a Hearing: If your license is suspended, you may request a hearing to challenge the suspension.

Conclusion: Stay Informed, Stay Safe

Driving while impaired is a serious offense in North Carolina, with penalties that can impact your life for years to come. Understanding the law and your rights is essential if you are charged with DWI. If you or a loved one is facing a DWI charge, consult Doermann Edwards by calling 336-314-3749 or fill out our contact form here to explore your defense options and work toward the best possible outcome.

*NOTHING ON THIS PAGE SHOULD BE CONSTRUED OR TAKEN AS LEGAL ADVICE, THIS IS GENERAL INFORMATION WHICH MAY OR MAY NOT APPLY TO YOUR SITUATION. A USER OF THIS SITE ASSUMES ALL RISK OF USING ANY INFORMATION CONTAINED HEREIN WITHOUT CONSULTING ONE OF OUR ATTORNEYS AND RETAINING OUR FIRM, DOERMANN EDWARDS*