DWI ยป Driving While Impaired
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Understanding DWI in North Carolina
In North Carolina, a DWI charge means operating a vehicle on public roads or areas while under the influence of an impairing substance. Impairment is typically established by a Blood Alcohol Content (BAC) of 0.08% or higher. However, even without a BAC reading, the state can prove impairment by demonstrating that you were "appreciably impaired." Most DWI offenses are classified as misdemeanors.
Your Rights During a DWI Stop
If stopped for a suspected DWI
Exercise Your Right to Remain Silent
Politely decline to answer questions about alcohol consumption, providing only basic identification information.
Decline Field Sobriety Tests
You are not obligated to perform these tests, which are often used to gather evidence of impairment.
Request a Witness for Breath Tests
You have the constitutional right to have a witness present during breath testing.
Contact Us Immediately
Reach out to us at 704-461-2428 or email nicole@nicoleandersonlaw.com for guidance.
Limited Driving Privileges
Although your license will be suspended once you are convicted of a DWI, North Carolina allows for limited driving privileges in many cases. Limited driving privileges can vary based on many factors, such as a conviction with a BAC higher than .15. Another suspension that takes place is before your hearing. Immediately upon arrest, a pre-trial suspension will take effect for 30 days.
Filing for a limited driving privilege requires certain forms, documentation, proof, and other items to obtain a judge's signature. Limited driving privileges are important but can be tricky to navigate alone. That's why you should call us immediately after being charged with a DWI. At Anderson Law Firm, we have handled and obtained many driving privileges for clients.
There are three ways your license can be suspended if you are charged and convicted of a DWI :
Pre-Trial Suspension
The first suspension occurs once formally arrested for a DWI. The DMV imposes a 30-day pre-trial suspension period. You may be eligible for a limited driving privilege ten days after the date of your arrest.
Refusal Suspension
The second suspension that could occur is a refusal. If you refuse an Intoxilyzer test, in this case, you could face a potential 1-year suspension of your Driver's License.
Post-Conviction Suspension
Lastly, if you are found guilty or plead guilty to a DWI, your Driver's License will be suspended for a minimum 1-year period immediately following your conviction, depending on your record and other factors determined by the court.
DWI Sentencing Levels
Court Process
North Carolina's DWI sentencing is unique, with six levels ranging from Level A1 (most severe) to Level 5 (least severe). The court assesses aggravating and mitigating factors to determine the appropriate level, which influences potential penalties such as jail time, probation, fines, treatment programs, community service, and license suspension.
At The Law Offices of Nicole A. Anderson, we provide:
Personalized Defense Strategies
Tailored to your specific circumstances.
Comprehensive Case Analysis
Thorough examination of all evidence and legal options.
Dedicated Advocacy
Vigorous representation to protect your rights and achieve the best possible outcome.
Facing a DWI charge is serious, but you don't have to navigate it alone. Contact us today for a confidential consultation and let us begin building a strong defense on your behalf.
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