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.

considerations

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.

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BAC (%)

0.001–0.029

0.030–0.059

0.060–0.099

0.100–0.199

0.200–0.299

0.300–0.399

0.400–0.500

>0.50

Behavior

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

Impairment

Subtle effects that can be detected with special tests

Concentration

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

CONVICTIONS

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

CRIMINAL PENALTIES

aggravated-level-1-dwi-dui-penalty-with-two-gross-aggravatin--factors--involving-a-minor-passenger-carries
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-nc-dwi-dui-penalty-with-two-gross-aggravatin--factors--involving-a-minor-passenger-carries
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-nc-sentencing-dwi-dui-sentence-imposed-if-there-are-no-minor-children
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-nc-dwi-dui-sentence-more-aggravating-factors-than-mitigating-factors-a-level-three-punishment-will-apply
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.
Plumides, Romano, & Johnson, PC. Top Experienced DUI and DWI lawyers in Charlotte, NC. Call 704-333-9900. Serving Charlotte, Gastonia, Ballantyne, Myers Park, SouthPark, Weddington, Lake Norman, Harrisburg, Concord, Monroe, Mecklenburg.
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-penalty-nc-dwi-dui-sentence-mitigating-factors-outweigh-any-aggravating-factors-the-judge-will-impose-level-five-penalties
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.

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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