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How to Beat a DWI/DUI in North Carolina

Published February 12, 2024 by The Law Offices of John Drew Warlick, P.A.
How to Beat a DWI/DUI in North Carolina

Almost nothing is more frightening than spending a night out with friends and then seeing red and blue flashing lights in your rearview mirror as you head home. Drunk driving charges can ruin your life and your reputation. How can you move forward when you have a criminal offense on your record? Is there any way to beat DWI charges in North Carolina?

If you are facing impaired driving charges, you may be scared and overwhelmed by the legal process. However, a North Carolina drunk driving defense lawyer can help. At The Law Offices of John Drew Warlick, P.A., we focus on protecting your rights and building a case to pursue the best possible outcome.

Our trusted legal team can advocate for you, aggressively fighting for your deserved justice. Want to understand more about your legal options? Contact our office now for a confidential case evaluation.

What Is Considered a DWI in North Carolina?

In North Carolina, a driver can be pulled over and potentially arrested for driving while impaired (DWI) if a law enforcement officer reasonably suspects they are operating a vehicle while noticeably impaired. A driver can also be charged with DWI if their blood alcohol concentration (BAC) reaches .08 percent or more or if they have any Schedule I controlled substance in their system.

What Are the Different Levels of DWI Charges in North Carolina?

North Carolina DWI laws can be confusing. The state uses a multi-tiered system for all DWI sentencing. The level of an individual’s DWI offense depends on the situation’s circumstances and specific mitigating factors. Level I DWI offenses are the most significant, while level V offenses are on the other end of the spectrum.

What Are the Penalties for a DWI Arrest and Conviction?

The penalties for a North Carolina DWI conviction vary depending on the crime’s significance and the DWI offense’s level. Criminal penalties for DWI in the state are as follows:

Level V DWI Offense

  • Fines up to $200
  • Jail time between 24 hours and 60 days

Level IV DWI Offense

  • Fines up to $500
  • Jail time between 48 hours and 120 days

Level III DWI Offense

  • Fines up to $1,000
  • Jail time between 72 hours and 6 months

Level II DWI Offense

  • Fines up to $2,000
  • Jail time between 7 days and 1 year

Level I DWI Offense

  • Fines up to $4,000
  • Jail time between 30 days and 2 years

In level V through level III offenses, a judge may suspend an individual’s sentence if they agree to perform community service and not operate a vehicle for a specific time. A North Carolina judge cannot suspend the minimum sentence in level I and II convictions. Aggravating factors like repeat offenses, minor passengers, or causing injuries can potentially increase the criminal penalties an individual may face.

Additionally, impaired drivers face driver’s license suspension and may need to complete a substance abuse assessment. They can also suffer other consequences like increased insurance premiums, job loss, and difficulty securing loans or housing.

a drunk driver behind the wheel of car in Jacksonville, NC

How Long Will a DWI Conviction Stay on My Record in North Carolina?

The time a conviction counts against you in North Carolina is called the “look-back period.” The look-back period for DWI convictions depends on the severity of the offense. A DWI offense can remain on your record for 7 to 10 years. If you drive while impaired again within that time, the subsequent charge counts as a repeat offense.

Can the Charges Be Dismissed If I Have Never Had a DWI Before?

Depending on the circumstances of your situation, how an officer collects evidence, and how breath and blood tests are administered and processed, the charges against you can be dismissed or penalties reduced if you’ve never had a DWI before. However, getting the charges against you dismissed is seldom something an individual can do independently. Getting DWI charges dismissed takes an in-depth knowledge of the North Carolina legal system.

What Are Some Defenses That Could Get My Case Dismissed or Charges Reduced?

Several defense strategies can be effective at getting DWI charges reduced or dismissed depending on the specific facts of a person’s case. Some of the tactics that may apply to your DWI case can include:

  • Lack of reasonable suspicion
  • Lack of probable cause
  • Failure to advise an individual of their Miranda rights
  • Suppression of breath or blood test results
  • Improper breath or blood testing procedures or contamination
  • Unlawfully obtaining evidence

A North Carolina DWI attorney can review your situation and determine which defense strategies may apply to your case. Your attorney can then aggressively work to have the charges against you dismissed or downgraded.

How Can a North Carolina DWI Defense Lawyer Help?

After a DWI arrest, most people don’t think they can afford to have an aggressive criminal defense attorney on their side. At The Law Offices of John Drew Warlick, P.A., we believe you can’t afford not to have a skilled attorney on your side. It is challenging to navigate North Carolina’s criminal justice system. If you get arrested for DWI, you’ve got a lot on the line, like your freedom, reputation, and future financial stability. Don’t risk it all by trying to navigate the system solo and taking your chance with a judge.

A North Carolina DWI defense lawyer can review your situation, carefully design a defense strategy, and protect your rights. Working with a knowledgeable DWI lawyer can put you on the right path to obtaining a favorable outcome.

Contact a North Carolina Drunk Driving Defense Lawyer

You don’t have to accept your fate. Fight back. Talk to a tenacious North Carolina drunk driving defense lawyer about your case. At The Law Offices of John Drew Warlick, P.A., we want to help you seek justice. Contact our office today for a confidential consultation.

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