If you were arrested under suspicion of DWI in North Carolina, you are probably the most concerned about being sentenced to time in jail. While North Carolina does have very strict punishments for those convicted of driving while intoxicated, there are ways to improve your chances of avoiding jail time, and our DWI attorney in Wake County is taking this opportunity to share what you need to do.
The legal consequences, financial burdens, and personal turmoil that often accompany such a conviction can leave individuals feeling overwhelmed and uncertain about their future. However, it's crucial to remember that there are steps you can take to avoid jail time and mitigate the impact of a DWI conviction on your life.
From understanding your rights to seeking legal counsel, this guide aims to provide you with the knowledge and resources needed to chart a path toward a brighter and more responsible future.
What Happens After Being Charged with a DWI in NC?
Being charged with DWI in North Carolina is a serious legal matter that can have significant consequences for your life. If you or someone you know has recently been charged with a DWI in North Carolina, it's crucial to understand what happens next in the legal process, and the potential consequences you may face.
Arrest and Booking
The process begins with your arrest by law enforcement officers if they suspect you of driving under the influence of alcohol or drugs. You will be taken into custody and transported to the local police station or county jail for booking. During this phase, your personal information will be recorded, and you may be asked to take a chemical test to determine your blood alcohol concentration (BAC).
Release on Bond
After booking, you may be held in custody until you can post bail or bond. The judge will set the bail amount based on various factors, including your previous criminal record and the circumstances of your DWI arrest. Once you or a loved one posts bail or bond, you will be released from custody pending your court appearances.
Initial Appearance
Within a few weeks of your arrest, you will have an initial court appearance. During this hearing, the judge will inform you of the charges against you and advise you of your rights. You may also be appointed a public defender or hire a private attorney.
Obtaining Legal Representation
It is highly recommended that you consult with an experienced DWI attorney as soon as possible. A skilled attorney can review the evidence against you, assess the legality of your arrest, and help you build a strong defense strategy.
DMV Administrative Hearing
In North Carolina, your driver's license may be automatically suspended after a DWI arrest. To challenge this suspension, you must request an administrative hearing with the North Carolina Department of Motor Vehicles (DMV) within ten days of your arrest. An attorney can assist you with this process.
Discovery and Pre-Trial Motions
Your attorney will work with the prosecution to exchange evidence, a process known as discovery. They may also file pre-trial motions to challenge the admissibility of evidence or seek a reduction or dismissal of charges based on legal grounds.
Negotiations or Trial
In some cases, your attorney may negotiate with the prosecution to reach a plea agreement, which could result in reduced or dismissed DWI charges or penalties. If a plea agreement cannot be reached or you choose to contest the charges, your case will proceed to trial, where the evidence will be presented, and a judge or jury will render a verdict.
Sentencing
If you are found guilty or you accept a plea agreement, you will face sentencing. The penalties for a DWI in North Carolina can include fines, probation, mandatory alcohol education programs, and even jail time, depending on the circumstances of your case and any prior convictions.
Post-Conviction Consequences
A DWI conviction in North Carolina can have long-lasting consequences beyond the court-imposed penalties. These may include increased insurance rates, a tarnished criminal record, difficulties finding employment, and potential challenges related to professional licenses.
Factors Influencing Sentencing for DWI in NC
Sentencing for DWI convictions in North Carolina is a complex process influenced by many details surrounding the case, such as aggravating and mitigating factors. The state's legal system carefully considers these factors to determine the appropriate penalties for individuals convicted of DWI offenses.
Mitigating Factors
Mitigating factors are circumstances that, if present in a DWI case, may lead to less severe penalties or reduced charges.
Some common mitigating factors in NC DWI laws include:
- Low Blood Alcohol Concentration (BAC): If your BAC at the time of arrest was close to the legal limit of 0.08%, it may be considered a mitigating factor.
- Safe and Responsible Driving: If you can demonstrate that your driving was safe and responsible despite being impaired, this may be seen as a mitigating factor.
- Lack of Prior DWI Convictions: A clean prior record without any previous DWI convictions can work in your favor when determining the severity of penalties.
- Voluntary Admission of Guilt: If you cooperate with law enforcement officers and admit to your impairment, it may be considered a mitigating factor.
- Completion of Substance Abuse Treatment: Successfully completing a substance abuse assessment and any recommended treatment programs can be viewed positively by the court.
- Cooperation with Law Enforcement: Being cooperative and respectful toward law enforcement officers during the arrest can be seen as a mitigating factor.
Aggravating Factors
Aggravating factors, on the other hand, are circumstances that make a DWI offense more serious and can result in harsher penalties.
Some common aggravating factors in North Carolina include:
- High BAC: If your BAC significantly exceeds the legal limit, it can be considered an aggravating factor. For example, a BAC of 0.15% or higher is considered "high."
- Prior DWI Convictions: Having previous DWI convictions on your record within the past seven years can lead to more severe penalties.
- Reckless Driving: Engaging in reckless behavior, such as excessive speeding or erratic driving, can be an aggravating factor.
- Driving with a Suspended License: If your license was already suspended at the time of the DWI arrest, it can be considered an aggravating factor.
- Causing Serious Injury or Death: If the DWI incident resulted in serious injury or death to another person, this is a significant aggravating factor with severe consequences.
Grossly Aggravating Factors
Grossly aggravating factors are the most severe and can result in the harshest penalties for a DWI conviction in North Carolina.
Some common grossly aggravating factors include:
- Prior Felony DWI Conviction: If you have a prior felony DWI conviction on your record, it is considered a grossly aggravating factor.
- Driving with a Child Passenger: Having a child under the age of 18 in the vehicle at the time of arrest is a grossly aggravating factor.
- Causing Serious Injury or Death: If your impaired driving caused serious injury or death to another person, this factor becomes grossly aggravating and carries severe consequences.
- Driving on a Revoked License due to a Previous DWI: If your license was revoked due to a prior DWI conviction, this can be a grossly aggravating factor.
What Are the Six Tiers of DWI Sentencing in NC?
There are six levels of DWI sentencing, with Level A1, Level 1, and Level 2 applying if you have previously been convicted of a DWI or you have grossly aggravating factors. On the other hand, if you have mitigating or aggravating factors, but it’s your first offense, you may be sentenced more lightly, at Level 3, Level 4, or Level 5.
While a jail sentence may be imposed at every level, the judge is more likely to suspend the term in exchange for probation, community service, or a fine. While Level 2 penalties are also severe, with up to one year in prison, the judge may allow you to complete alcohol abstinence and monitoring instead. However, Level 1 and Level A1 sentences almost always have jail sentences due to the presence of grossly aggravating circumstances.
| Level | Criteria | Possible Penalties |
|---|---|---|
| Level V | No prior DWI convictions within the past seven years. No aggravating factors present. | 24 hours to 60 days in jail, fine up to $200, possible 1-year license suspension. |
| Level IV | One prior DWI conviction within the past seven years. No aggravating factors present. | 48 hours to 120 days in jail, fine up to $500, possible 1-year license suspension. |
| Level III | Two prior DWI convictions within the past seven years. No aggravating factors present. | 72 hours to 6 months in jail, fine up to $1,000, possible 1-year license suspension. |
| Level II | Three prior DWI convictions within the past seven years. No aggravating factors present. | 120 days to 1 year in jail, fine up to $2,000, possible 1-year license suspension. |
| Level I | Four or more prior DWI convictions within the past seven years. No aggravating factors present. | 1 year to 3 years in jail, fine up to $4,000, permanent license revocation. |
| Aggravated Level One | Aggravating factors present such as reckless driving, high BAC, causing injury or death. | 12 months to 36 months in prison, fine at court's discretion, permanent license revocation. |
Level V
- No prior DWI convictions within the past seven years.
- No aggravating factors are present.
- Possible penalties: A minimum punishment of 24 hours in jail up to a maximum of 60 days, a fine not exceeding $200, and a possible 1-year license suspension.
Level IV
- One prior DWI conviction within the past seven years.
- No aggravating factors are present.
- Possible penalties: A minimum punishment of 48 hours in jail up to a maximum of 120 days, a fine not exceeding $500, and a possible 1-year license suspension.
Level III
- Two prior DWI convictions within the past seven years.
- No aggravating factors are present.
- Possible penalties: A minimum punishment of 72 hours in jail up to a maximum of six months, a fine not exceeding $1,000, and a possible 1-year license suspension.
Level II
- Three prior DWI convictions within the past seven years.
- No aggravating factors present.
- Possible penalties: A minimum punishment of 120 days in jail up to a maximum of one year, a fine not exceeding $2,000, and a possible 1-year license suspension.
Level I
- Four or more prior DWI convictions within the past seven years.
- No aggravating factors present.
- Possible penalties: A minimum punishment of one year in jail up to a maximum of three years, a fine not exceeding $4,000, and a permanent license revocation.
Aggravated Level One
- Aggravating factors present such as reckless driving, high BAC, causing injury or death.
- Possible penalties: A minimum punishment of 12 months in prison up to a maximum of 36 months, a fine at the court's discretion, and a permanent license revocation.
Do You Need a DWI Attorney?
Whether or not you need a DWI attorney depends on various factors, including the specifics of your case, your legal knowledge, and your ability to navigate the legal system. However, it's generally advisable to consult with and, in many cases, hire a qualified DWI attorney.
Understanding of the Legal System
DWI cases can be complex, and the legal process can be daunting. An experienced DWI attorney understands the nuances of NC DWI laws, court procedures, and can guide you through the entire process.
Legal Expertise
DWI laws can vary from state to state and change over time. An attorney specializes in the area of DWI defense and can provide accurate legal advice tailored to your specific situation.
Evaluation of Evidence
A skilled attorney will thoroughly review the evidence against you, including police reports, breathalyzer results, and field sobriety tests, to identify weaknesses or violations of your rights that could be used in your defense.
Defense Strategies
Attorneys can develop effective defense strategies based on the circumstances of your case. This may involve challenging the validity of the traffic stop, the accuracy of chemical tests, or asserting your rights.
Negotiation Skills
In some cases, an attorney can negotiate with prosecutors to secure a plea agreement that reduces charges or penalties, potentially minimizing the impact on your life.
Mitigating DWI Jail Time
If a conviction is likely, an attorney can work to mitigate the penalties you may face, such as reducing fines, minimizing jail time, or exploring alternatives like probation or substance abuse treatment.
Knowledge of Local Courts
A local DWI attorney is familiar with the specific judges, prosecutors, and procedures in your area, which can be an advantage in building a strong defense or negotiating a favorable outcome.
Protecting Your Rights
An attorney can ensure that your rights are protected throughout the legal process, from arrest to trial, making sure you receive fair treatment under the law.
Save Time and Stress
Handling a DWI case on your own can be overwhelming and time-consuming. An attorney can take on the legal work, allowing you to focus on other aspects of your life.
Schedule a Consultation with a North Carolina DWI Attorney in Raleigh Today
If you are facing DWI charges and need an experienced, affordable attorney, reach out to the Law Offices of J.M. Kotzker. We have the experience and dedication necessary to advocate on your behalf to achieve favorable and practical outcomes to help you move forward after facing DWI charges.
Call our Raleigh DWI law firm today at (919) 439-5104 or fill out the form below to get started.