DWI

Driving While Intoxicated

Carteret County DWI Attorney

Driving While Impaired, or DWI, is a serious criminal offense in North Carolina. If you are convicted of a crime involving DWI, you can expect jail time, fines, the loss of your driver’s license, and much more. Put simply, your future is on the line.

Retaining knowledgeable legal counsel is the best way to avoid the worst consequences of a DWI conviction. Reach out to the Carteret County office of Hancock Law Firm, PLLC. We can develop a compelling defense and work to protect your rights and your freedom.

How North Carolina Punishes DWI Offenses

Punishment for DWI varies greatly depending on the circumstances. But even lesser offenses can lead to significant legal problems. To determine a convicted defendant’s specific punishment, the judge will consider both aggravating and mitigating factors.

Aggravating factors

These are specific facts of a case that increase the severity of the punishment, and they include:

  • Driving with a revoked or suspended license (if it was revoked for a previous DWI, it is considered a Grossly Aggravating Factor or GAF)
  • Being a repeat offender (meaning a prior DWI within the last 7 years, also a GAF)
  • Especially reckless or dangerous driving
  • Transporting a child while impaired (which is another GAF)
  • Causing serious injury in a collision while impaired
  • Driving with an extremely elevated blood alcohol concentration, or BAC, usually 0.15 percent or higher

Mitigating factors

Conversely, a mitigating factor is something that lessens the severity of punishment. For North Carolina DWI offenses, such factors include:

  • Driving while only slightly impaired (meaning a BAC of .08 or .09)
  • Safe and lawful driving (except for the impairment)
  • A safe driving record
  • Impairment resulting from lawfully prescribed drugs taken within the prescribed dosage

DWI Punishment Levels

Understanding the various punishment levels can help you better anticipate what might come with a conviction for DWI in Carteret County. The levels are:

Aggravated Level 1

The court must impose this punishment if there are three or more grossly aggravating factors. Punishment includes:

  • Jail: Maximum sentence of 36 months.
  • Fine: Up to $10,000.

Level 1

Must be imposed if there are two grossly aggravating factors or if there was a child in the car at the time of the offense. Possible punishment is:

  • Jail: Maximum sentence of 24 months.
  • Fine: Up to $4,000.

Level 2

This will apply if there is one grossly aggravating factor. It carries:

  • Jail: Up to 12 months.
  • Fine: Up to $2,000.

Level 3

Imposed if aggravating factors outweigh mitigating factors. Punishment includes:

  • Jail: Up to 6 months.
  • Fine: Up to $1,000.

Level 4

Imposed if mitigating and aggravating factors are equal. The court will sentence as follows:

  • Jail: Up to 120 days.
  • Fine: Up to $500.

Level 5

Imposed if mitigating factors outweigh aggravating factors. You can expect:

  • Jail: Up to 60 days.
  • Fine: Up to $60.

What Is Habitual DWI in North Carolina?

If you were charged with a DWI in Carteret County you may also be charged with habitual DWI if you have at least three previous convictions for DWI within the last 10 years. Habitual DWI is a Class F felony and results in a permanent revocation of the defendant’s license.

You can also face the following punishments:

  • Jail: 12 to 59 months in prison.
  • Fine: At the judge’s discretion.

North Carolina’s DWI Zero Tolerance Policies

On top of the stiff punishments listed above, North Carolina judges are particularly unforgiving in special circumstances involving DWI. These include situations in which the defendant:

  • Has a commercial driver’s license (CDL)
  • Was under the age of 21
  • Is a school bus driver
  • Transports children in some other manner

Even a first-time conviction in these situations can bring major legal penalties, so don’t assume that Carteret County prosecutors will go easy on you just because you have a clean record. You need skilled legal representation who is ready to serve you.

How Hancock Law Firm Can Help You

Retaining a DWI defense attorney is the most important step you can take after being charged. When you hire Hancock Law Firm to represent you, we get to work by:

  • Investigating the facts surrounding the law enforcement officer’s initial traffic stop
  • Determining why you were pulled over and whether that reason was legally sufficient
  • Identifying any unconstitutional or illegal basis for the stop, including racial and other forms of profiling
  • Challenging the evidence of impairment where possible, including field sobriety test and breathalyzer test results
  • Contesting any evidence that was mishandled, mislabeled, or contaminated
  • Evaluating whether other factors, such as bad weather or road obstacles, may have affected your driving
  • Reviewing any medical conditions you have that may have affected your driving or caused symptoms that mimic intoxication

The sooner you hire a lawyer, the more quickly you can begin building your defense. We treat every client with the professional advocacy and dedication that they deserve.

Contact Our Carteret County DWI Attorney

If you have been charged with a DWI offense in Carteret County, reach out to Hancock Law Firm, PLLC. We can explore your options and address your questions and concerns about the legal process. Schedule your consultation with us today.

Frequently Asked Questions About North Carolina DWI Laws

Can I refuse a breathalyzer, blood, or urine test?

Refusing to take a breathalyzer, blood or urine test may result in the loss of your driver’s license for one year, even if you are found not guilty. This is because in North Carolina all drivers have given “implied consent” to chemical testing upon reasonable suspicion of a DWI.

Can I refuse a field sobriety test?

Refusal to take a roadside field sobriety test such as the horizontal gaze nystagmus (HGN) test, walk-and-turn, and one-leg stand does not carry the same legal penalties (namely, the automatic license suspension) that refusal to submit to a breathalyzer does.

Still, police may be suspicious of your refusal and it could be admitted in court. Despite this, it may be best to refuse the test since results are subjective and often subject to environmental conditions like an uneven surface. We may be able to challenge the results of these tests.

What is reasonable suspicion in a NC DWI case?

In North Carolina, reasonable suspicion for DWI means an officer has specific, articulable facts, not just a hunch, suggesting you’re driving under the influence. Examples include swerving in traffic, driving suspiciously late at night near bars, or exhibiting red eyes and slurred speech.

If there’s not enough evidence to meet this standard, a stop could be deemed unlawful, potentially impacting your DWI case. Your Carteret County DWI defense lawyer will review the circumstances surrounding the traffic stop to determine if you have grounds to contest it.

Does it make a difference whether impairment is from drugs or alcohol?

Driving while impaired by drugs (whether illegal, prescribed, or over-the-counter) is as illegal as driving while impaired by alcohol. It is possible that you had an unexplained or unanticipated reaction to a drug that you took, so tell your attorney all the details surrounding any drug use.

Besides jail and fines, what are some possible consequences of a DWI conviction?

A DWI conviction can have other negative impacts on employment opportunities, ability to obtain or retain professional licenses, educational financial aid, civil rights (e.g. the right to vote or own a gun), your reputation, and even relationships.