FIRST TIME DUI & DWI CHARGES
Can i go to jail and lose my license for a dUI?
NORTH CAROLINA IS THE
TOUGHEST STATE FOR DUI /DWI CHARGES
If you are stopped for suspicion of a DWI or DUI and have a blood alcohol content of .08% or higher, or refuse to submit to a breath test, the state will automatically suspend your driver’s license for 30 days. This revocation can be challenged, but you must do so immediately with the help of an attorney. If you do not succeed in overturning the 30-day revocation, you can apply for a limited driving privilege on the 11th day of your suspension.
If you are convicted, you will have your license will be revoked for at least 1 year.
A limited driving privilege will allow you to drive only during specific hours for purposes such as work. As a condition for license reinstatement, you must complete a drug and alcohol assessment and treatment required by the court.
If you had a civil or criminal suspension at the time of your arrest, it is even more important to have an experienced attorney because you will be facing increased sentencing penalties.
Our experienced DWI/DUI attorneys understand how the laws in North Carolina apply to the facts of your case and will advise you on next steps.
Effects of blood alcohol concentration
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.
Average individual appears normal
Mild euphoria, Relaxation, Joyousness, Talkativeness, Decreased inhibition
Blunted feelings, Reduced sensitivity to pain, Euphoria, Disinhibition, Extraversion
Over-expression, Boisterousness, Possibility of nausea and vomiting
Nausea, Vomiting, Emotional swings, Anger or sadness , Partial loss of understanding , Impaired sensations, Decreased libido, Possibility of stupor
Stupor, Central nervous system depression, Loss of understanding, Lapses in and out of consciousness, Low possibility of death
Severe central nervous system depression, Coma, Possibility of death
High possibility of death
Subtle effects that can be detected with special tests
Reasoning Depth perception Peripheral vision Glare recovery
Reflexes Reaction time Gross motor control Staggering Slurred speech Temporary erectile dysfunction
Severe motor impairment Loss of consciousness Memory blackout
Bladder function Breathing Dysequilibrium Heart rate
Breathing Heart rate Positional alcohol nystagmus
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.
NORTH CAROLINA DUI & DWI
Even in cases where there are not any grossly aggravating or aggravating factors, the court take DWI/DUIs in North Carolina very seriously. It is critical to have the representation of an experienced DWI/DUI defense attorney who practices in your area. A DWI/DUI conviction cannot be expunged from your criminal record. Please contact our office today for a consultation to determine your next steps.
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