We answer some frequently asked questions here. This information, however, does not replace a free consultation with one of our experienced attorneys \u2013 and we recommend you call us immediately if you are charged with a DWI. Understanding the specifics of your situation ensures we offer legal counsel that may reduce your penalties and help negotiate driving privileges.[\/vc_column_text][divider line_type=”No Line” custom_height=”10″][vc_row_inner][vc_column_inner width=”1\/1″][vc_column_text]\n
First, that you were driving a vehicle.<\/p>\n <\/div>
Second, that you were driving that vehicle upon a street, highway, or public vehicular area within the State.<\/p>\n <\/div>
Third, that at the time you were driving that vehicle:<\/p>\n <\/div>
OR<\/p>\n
(B) \u2014 You had consumed sufficient alcohol that at any relevant time after the driving you had an alcohol concentration of 0.08 or more grams of alcohol per 210 liters of breath.\u00a0 A relevant time is any time after the driving, that you still have in your body, alcohol consumed before or during the driving.[\/vc_column_text][\/vc_column][\/vc_row][vc_row][vc_column width=”1\/1″][vc_column_text]2. If I\u2019m Convicted, What Are the Punishments?<\/strong> Determining Your Punishment Level:[\/vc_column_text][divider line_type=”No Line” custom_height=”10″] LEVEL A1:\u00a0 This is an aggravated Level 1 sentence, and requires the Court to find 3 or more Grossly Aggravating Factors as defined by statute.<\/p>\n <\/div> LEVEL 2: Requires the Court to find only 1 Grossly Aggravating factor, as described above.<\/p>\n <\/div> A BAC level of 0.15 or more<\/p>\n <\/div> A prior conviction of DWI that occurred more than 7 years before the date of this offense<\/p>\n <\/div> Especially reckless or dangerous driving<\/p>\n <\/div> Negligent driving that led to property damage of $1,000.00 or more or personal injury<\/p>\n <\/div> Driving by the defendant while his driver\u2019s license was revoked for Non-DWI related reason<\/p>\n <\/div> Two or more prior convictions of a motor vehicle offense for which at least 3 points are assigned within 5 years of the date of this offense OR one or more prior convictions of an offense involving impaired driving that occurred more than 7 years before the date of this offense<\/p>\n <\/div> Conviction of speeding while fleeing or attempting to elude apprehension<\/p>\n <\/div> Conviction of speeding by the defendant by at least 30 miles per hour over the legal limit<\/p>\n <\/div> Passing a stopped school bus<\/p>\n <\/div> Any other factor that aggravates the seriousness of the offense.<\/p>\n <\/div> Mitigating Factors include, but are not limited to:<\/strong><\/p>\n[\/vc_column_text][divider line_type=”No Line” custom_height=”10″] Slight impairment solely from alcohol and the alcohol concentration did not exceed 0.09<\/p>\n <\/div> Safe and lawful driving, except for the impairment<\/p>\n <\/div> Safe driving record, having no 4 point offenses within the last 5 years<\/p>\n <\/div> Impairment was caused primarily by a lawfully prescribed drug for an existing medical condition, and the amount taken was the prescribed dosage<\/p>\n <\/div> Completing a Substance Abuse Assessment<\/p>\n <\/div> 4. Can I Avoid Going to Jail?<\/strong><\/p>\n[\/vc_column_text][divider line_type=”No Line” custom_height=”10″] LEVEL A1:\u00a0 <\/strong>Mandatory minimum <\/em><\/strong>of 120 days in jail (maximum of 3 years); A fine of up to $10,000.00 (this does not include other costs that will be required \u2013 see \u201cHow Much Will This Cost Me?\u201d below)\u2019 and revocation of your license.<\/p>\n <\/div> LEVEL 1:\u00a0 Mandatory minimum<\/em> <\/strong>of 30 days in jail (maximum of 2 years); A fine of up to $4,000.00 (this does not include other costs that will be required \u2013 see \u201cHow Much Will This Cost Me?\u201d below); and revocation of your license.<\/p>\n <\/div> LEVEL 2:\u00a0 Mandatory minimum<\/em> <\/strong>of 7 days in jail (maximum of 1 year); A fine of up to $2,000.00 (this does not include other costs that will be required \u2013 see \u201cHow Much Will This Cost Me?\u201d below); and revocation of your license.<\/p>\n <\/div> LEVEL 3:\u00a0 The Court is authorized to impose a suspended sentence (or a maximum of 6 months in jail) and a fine of up to $1,000.00 (this does not include other costs that will be required \u2013 see \u201cHow Much Will This Cost Me?\u201d below).\u00a0 Normally, the judge will impose a suspended sentence and require 72 hours of Community Service OR 72 hours in jail (your choice).\u00a0 Your license will be revoked as well.<\/p>\n <\/div> LEVEL 4:\u00a0 The Court is authorized to impose a suspended sentence (or a maximum of 120 days in jail) and a fine of up to $500.00 (this does not include other costs that will be required \u2013 see \u201cHow Much Will This Cost Me?\u201d below).\u00a0 Normally, the judge will impose a suspended sentence and require 48 hours of Community Service OR 48 hours in jail (your choice).\u00a0 Your license will be revoked as well.<\/p>\n <\/div> LEVEL 5:\u00a0 The Court is authorized to impose a suspended sentence (or a maximum of 60 days in jail) and a fine of up to $200.00 (this does not include other costs that will be required \u2013 see \u201cHow Much Will This Cost Me?\u201d below).\u00a0 Normally, the judge will impose a suspended sentence and require 24 hours of Community Service OR 24 hours in jail (your choice).\u00a0 Your license will be revoked for a period of 1 year (usually \u2013 see \u201cLicense Revocation Period\u201d below).<\/p>\n <\/div> Note:\u00a0 Inpatient treatment must be completed BEFORE your case is disposed of (either plead guilty or found guilty).<\/em><\/strong>[\/vc_column_text][\/vc_column][\/vc_row][vc_row][vc_column width=”1\/1″][vc_column_text]5. Will I be able to drive at all?<\/strong> However, if you have work or school that falls outside of those hours, exceptions can be noted on your limited privilege.\u00a0 If you are eligible for a Limited Driving Privilege, you will need to have proof of<\/p>\n NOTE:\u00a0 If you were under the age of 21 when you received your DWI, you are NOT eligible for a Limited Driving Privilege.\u00a0 If you are only charged with Driving After Consuming Under the Age of 21, you may be eligible for a Limited Driving Privilege if you are 18, 19 or 20.<\/strong> 1st<\/sup> Offense<\/em>:\u00a0<\/strong>\u00a0This means you\u2019ve never had a prior DWI conviction.\u00a0 Your license will be revoked by DMV for 1 year<\/strong>.<\/p>\n <\/div> 2nd<\/sup> Offense<\/em>: \u00a0<\/strong>If you have 2 DWI convictions within a 3 year period, DMV will revoke your license for 4 Years<\/strong>.\u00a0 If your second offense is outside of this 3 year period, your revocation will be for 1 year.<\/strong><\/p>\n <\/div> 3rd Offense<\/em>: \u00a0<\/strong>If you have 3 DWI convictions within a 10 year period (the 2nd<\/sup> and 3rd<\/sup> of which occurred within 5 years of each other), DMV will permanently<\/strong> revoked your license.\u00a0 However, you may be eligible for a hearing to get your license back after a 3 year period.<\/p>\n <\/div> Court Costs: $290<\/p>\n <\/div> Fines: Depends on Level of Punishment (see above)<\/p>\n <\/div> Community Service Fee: $250 (This is only a choice for Levels 3, 4 and 5)<\/p>\n <\/div> Jail: $40 per day<\/p>\n <\/div> Limited Driving Privilege: $100 (If applicable)<\/p>\n <\/div> Note: Court Costs may increase at any time \u2013 we will do our best to inform you if this happens<\/em>.<\/strong><\/p>\n[\/vc_column_text][\/vc_column][\/vc_row][vc_row][vc_column width=”1\/1″][vc_column_text]\n 8. What Do I Need To DO Next?<\/strong><\/p>\n[\/vc_column_text][divider line_type=”No Line” custom_height=”10″] Keep your court dates:<\/strong> You should always keep up with your court dates. You can check pending dates by visiting:\u00a0http:\/\/www1.aoc.state.nc.us\/www\/calendars\/CriminalQuery.html<\/a><\/p>\n <\/div>
\nThe punishment for DWI depends upon a number of factors.\u00a0 Generally, there are 5 sentencing levels.\u00a0 Level A1 being the most serious, and Level 5 being the least serious.\u00a0 Your sentencing level is dependent upon the existence of grossly aggravating factors, aggravating factors and mitigating factors.<\/p>\n\n
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\nAggravating factors can increase the type and amount of punishments you face. These factors include, but are not limited to:[\/vc_column_text][divider line_type=”No Line” custom_height=”10″]
\nIf you are convicted of a Level 3, 4, or 5 DWI, and you have a valid North Carolina Driver\u2019s License at the time of conviction<\/em>, you may be eligible for a Limited Driving Privilege.\u00a0 This limited driving privilege will normally allow you to drive for school, work, and household purposes<\/em> (no \u201chousehold purpose\u201d driving if you blew .15 or above), during standard hours of 6AM \u2013 8PM, Monday through Friday.<\/p>\n\n
\n<\/em>Learn more about DWI as a Minor[\/vc_column_text][\/vc_column][\/vc_row][vc_row][vc_column width=”1\/1″][vc_column_text]6. Will I my license be revoked?<\/strong>
\nThe NC\u00a0DMV will revoke your license for DWI offenses based on the following guidelines:[\/vc_column_text][divider line_type=”No Line” custom_height=”10″]
\nAll of the fines listed above will not all of the fees you must pay. These are only court related fees. If you\u2019re found guilty the following is the most likely<\/em> amount you will be required to pay:[\/vc_column_text][divider line_type=”No Line” custom_height=”10″]