Charlotte DWI Lawyer & Defense Law Firm

EFFECTS OF BLOOD ALCOHOL CONCENTRATION

In North Carolina, if you are pulled over on suspicion of drunk driving and your blood alcohol content (BAC) is 0.08% or higher, you will be considered above the legal limit and arrested. If you’re driving a commercial vehicle, the number is 0.04% or higher. For underage drivers, there’s a strict zero-tolerance policy. Any amount of alcohol in your system is illegal. If you are caught operating a vehicle while under the influence, you could face hefty penalties, such as jail time and a suspension of your driver’s license.

In Charlotte, there were 866 car accidents directly connected to alcohol consumption in 2023. These accidents led to 40 fatalities and 786 injuries.

The degree of impairment caused by alcohol intoxication varies based on BAC, as shown in the table below. Impairments range from subtle effects that can only be detected with special tests at levels between 0.001-0.029%, to problems with concentration, reflexes, motor control, and more, including a serious possibility of death at 0.50% or more.

BAC (%)	Behavior No Prior Convictions	Impairment
0.001–0.029	Average individual appears normal	Subtle effects that can be detected with special tests
0.030–0.059	Mild euphoria, Relaxation, Joyousness, Talkativeness, Decreased inhibition	Concentration
0.060–0.099	Blunted feelings, Reduced sensitivity to pain, Euphoria, Disinhibition, Extraversion	Reasoning Depth perception Peripheral vision Glare recovery
0.100–0.199	Over-expression, Boisterousness, Possibility of nausea and vomiting	Reflexes Reaction time Gross motor control Staggering Slurred speech Temporary erectile dysfunction
0.200–0.299	Nausea, Vomiting, Emotional swings, Anger or sadness , Partial loss of understanding , Impaired sensations, Decreased libido, Possibility of stupor	Severe motor impairment Loss of consciousness Memory blackout
0.300–0.399	Stupor, Central nervous system depression, Loss of understanding, Lapses in and out of consciousness, Low possibility of death	Bladder function Breathing Dysequilibrium Heart rate
0.400–0.500	Severe central nervous system depression, Coma, Possibility of death	Breathing Heart rate Positional alcohol nystagmus
>0.50	High possibility of death

IF CONVICTED Of A DWI OR DUI

A sentencing hearing will follow where the prosecutor and defendant can present aggravating and mitigating evidence.

A sentencing hearing will follow where the prosecutor and defendant can present aggravating and mitigating evidence.
Grossly aggravating factors. “Grossly aggravating” circumstances include driving while your license is already revoked for another DWI, driving with a minor passenger, and causing serious injury to another person. A prior DWI within the last seven years is also a grossly aggravating factor.
Aggravating factors. These include circumstances including reckless driving, causing a collision, having a BAC of at least .15%, passing a stopped school bus, eluding police, and speeding 30 miles at least per hour over the limit. Having a prior conviction for DWI more than seven years ago is also an aggravating factor.
Mitigating factors. Examples of these include having a BAC of .09% or less, if the impairing drug was legally prescribed, or if you were otherwise driving safely. You can also undergo a mental health screening, 60 days sobriety monitoring, or treatment prior to sentencing to create more mitigating factors.

Based on these factors, the judge will sentence the offender DWI under one of six levels listed below.

CRIMINAL PENALTIES

Even in cases where there are not any grossly aggravating or aggravating factors, the court take DWIs in North Carolina very seriously. It is critical to have the representation of an experienced DWI defense attorney who practices in your area. A DWI conviction cannot be expunged from your criminal record. Please contact our office today for a consultation to determine your next steps.

AGGRAVATED LEVEL 1

This is imposed if the court determines that there are three or more grossly aggravating factors. This has a minimum of 12 months imprisonment with a maximum of 36 months, with no eligibility for parole. Additional fine: up to $10,000.

LEVEL 1

Level 1 DWI sentencing is imposed if there are two grossly aggravating factors or if the incident involved a minor passenger.
Subject to certain exceptions, there is a 30 day mandatory minimum jail sentence, which can go up to 24 months imprisonment. If a judge grants probation, you still have to spend 10 days in jail, submit to sobriety monitoring, and complete a substance abuse assessment and treatment. Additional fine: up to $4,000.

LEVEL 2

Level 2 sentencing applies for a DWI involving one grossly aggravating factor, but only if the incident did not involve a minor under the age of 18 in the vehicle. This has a seven day mandatory minimum stint in jail, up to 12 months imprisonment. A judge does not have the power to suspend the minimum sentence for Level 2 sentencing. Additional fine: up to $2,000.

LEVEL 3

This applies if there are no grossly aggravating factors and the judge rules that the mitigating factors are substantially outweighed by the aggravating factors. You can receive between 72 hours and 6 months in jail, although the court in its discretion can allow you to complete 72 hours of community service in lieu of jail time. Additional fine: up to $1,000.

LEVEL 4

Level 4 sentencing applies if the judge rules that either: 1) there are no aggravating or mitigating factors that apply, or 2) the aggravating factors are substantially outweighed by the mitigating factors. This has a minimum 48 hours jail sentence with a maximum of 120 days, but the court may allow you to do 48 hours of community service instead of jail time. Additional fine: up to $500.

LEVEL 5

This applies if the mitigating factors outweigh the aggravating factors, if any. Jail time can range from 24 hours up to 120 days, but the court may allow you to complete 24 hours community service instead of jail time. Additional fine: up to $200.

How Can a DWI Lawyer Help You?

Getting pulled over for a DWI and then arrested can be one of the most humiliating moments of your life. It’s understandable to feel overwhelmed, confused, and even scared. You may feel like an arrest is the end of your case and there’s nothing you can do to fight it.

That may not be the case, and it’s important never to lose hope. The first thing you should do when you are arrested is contact an experienced DWI lawyer to defend you. You’re going to want legal support for this situation.

Above all, you are going to want an experienced lawyer to craft your defense strategy. To secure a conviction, the prosecution is going to have to prove your guilt beyond a reasonable doubt, and that is not always easy to do. What you need is a legal professional by your side who can offer you their experience, education, and time. Here are some of the many ways an experienced DWI lawyer can help your case:

Familiarity With State Law

Every state has similar DWI laws, but there are often some differences that may end up becoming essential knowledge for your case. You are going to want to hire someone who is familiar with North Carolina DWI laws and knows the possible ways to use them to your advantage. Pleading guilty is not your only option. You do have a chance to fight this. Your lawyer can build a defense for you.

Investigation

Your DWI may not be as simple as you’ve been led to believe by the police. There may be certain extenuating circumstances you need to be made aware of. Your lawyer can launch their own independent investigation into your case and determine the facts for themselves. This includes looking into the police report and determining if the arrest was done correctly. That could prove crucial for securing a favorable outcome.

Defense Strategy

The most important thing your lawyer can do is build your defense strategy. Without a strong defense, you may end up with a criminal conviction. There are many different ways they could mount your defense, including challenging the arrest, disproving probable cause, challenging the field test results, or proving that your civil rights were violated during the arrest.

If you are facing drunk driving charges and are interested in looking for support groups for people in similar situations in Charlotte, you may want to ask your lawyer for more information. Charlotte has a number of support groups, such as the Charlotte Alcoholics Anonymous Intergroup and others.

FAQs

Q: How Likely Is Jail Time for a First-Offense DWI in North Carolina?

A: The likelihood of receiving jail time for a first-offense DWI in North Carolina depends entirely on the details of your case and the strength of your defense. Jail time is possible for a first-offense DWI, but it’s not an automatic sentence. If there are aggravating circumstances, you’ll likely face jail time.

Q: What Is the Ideal Scenario for a First-Offense DWI in North Carolina?

A: The ideal scenario for a first-offense DWI in North Carolina would likely be a Level 5 offense, with no aggravating factors. In these cases, you may only have to pay a fine and experience a short suspension of your license. It’s unlikely you’ll serve any jail time. In an even more ideal scenario, your lawyer’s strong defense can result in winning your case.

Q: Can You Get a DWI Dropped in North Carolina?

A: Yes, it is possible to get a DWI charge dropped in North Carolina. However, it’s never guaranteed, and it’s considerably uncommon. It generally only happens when there’s either a total lack of evidence or your attorney finds clear evidence that your civil rights were violated during the arrest. Otherwise, you may want to continue developing your defense strategy and not rely on getting the charges dropped.

Q: What State Is the Hardest on DWI Offenders?

A: The state that is generally considered the hardest on DWI offenders is Arizona, as DWI charges there often result in mandatory jail time and hefty fines. North Carolina takes DWI charges very seriously as well, and it’s not uncommon to end up serving time as a result of your conviction. However, an experienced DWI lawyer can formulate a defense to challenge your charges.

Plumides, Romano & Johnson’s Criminal Defense Attorney Greg Plumides

Dealing with DWI charges can be overwhelming, so it’s important to make sure you have strong legal representation who can fight for you. Contact the legal team at Plumides, Romano & Johnson, PC to speak to a valued team member about your situation and schedule your free consultation today.

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North Carolina Is One of The TOUGHEST STATES FOR DWI CHARGES

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