In North Carolina, an officer of the law may have reasonable suspicion to pull you over and give you a breathalyzer test. If you were drinking alcohol, you could potentially face charges for “Driving While Impaired” or DWI. In North Carolina, a DWI is the same thing as a DUI.
You can receive a DWI if you drive a vehicle while impaired or with an alcohol concentration of 0.08 or higher. The limit goes down to .04 when operating a commercial motor vehicle. You can ALSO get a DWI for taking drugs affecting your ability to drive. New laws in NC allow law enforcement officers to give chemical tests that identify other drugs in your system.
If you refuse to submit to a breathalyzer test, the DMV can immediately suspend your driver’s license for up to one year as a consequence of refusing the test. This suspension happens whether or not you are eventually convicted of DWI.
If you are charged with a DWI, you’ll want to know what the DWI charge means and how it can affect your life.
Five Levels of Misdemeanor DWI Convictions
There are five levels of misdemeanor DWI, with Level 1 being the most serious. Even a Level 5 DWI can have serious consequences. This is not a crime that you want to face charges for. Take a look at the potential consequences for a DWI from the NC Department of Public Safety.
For Level V Charges
Punishable by a fine up to $200 and a minimum jail sentence of 24 hours and a maximum of 60 days. A judge can suspend the sentence, but after the driver spends 24 hours in jail, performs 24 hours of community service or does not operate a vehicle for 30 days.
With Level IV Coviction
Punishable by a fine up to $500 and a minimum jail sentence of 48 hours and a maximum of 120 days. A judge can suspend the sentence but upon completion that the driver spend 48 hours in jail, perform 48 hours of community service or not operate a vehicle for 60 days.
For Level III Conviction
You may face fines up to $1,000 and a jail sentence of 72 hours to six months. A judge can suspend the sentence only upon completion that the driver spend at least 72 hours in jail, perform 72 hours of community service or not operate a vehicle for 90 days.
With Level II Conviction
Punishable by a fine up to $2,000 and a jail sentence of seven days to one year. A judge CANNOT suspend the minimum sentence.
For Level I Conviction
You may face fines up to $4,000 and a jail sentence of 30 days to two years. A judge CANNOT suspend the minimum sentence.
High-Level DWI Misdemeanor Charge
If you receive Level 1 or 2 charges of misdemeanor DWI, you probably fall into one of these categories:
- You are a repeat offender.
- Your license is revoked.
- You are an impaired driver who is transporting young children.
- You are an impaired driver who hurt someone in a crash.
DWI Felony Charge
In North Carolina, we have a Habitual DWI felony statute. This stature mandates a one-year jail sentence for offenders who have had three prior DWI convictions in the past seven years. If you face conviction of felony DWI, you will go through a substance abuse program while in jail or as a condition of parole.
Consequences of DWI Conviction
Criminal Record
A criminal record can effectively prevent you from getting jobs or apartments. It will show up on background checks for volunteer positions or if someone searches for you online. There are many services online that keep a record of criminal involvement.
No Expungement
If convicted of DWI, it never comes off your record. You will have this on your record your entire life and live with the consequences of your actions long-term.
Seizure and Forfeiture of Vehicles
Let’s say you are driving after your license was revoked due to a previous DWI. A law enforcement officer can immediately seize your car if they decide to charge you with a DWI. If you face conviction, your vehicle is forfeited to the state. If you are driving a friend’s vehicle, the police can still impound it. Your friend will have a hassle trying to get it back.
Loss of Your Job
North Carolina takes commercial, school bus, activity bus, or childcare vehicle driving very seriously. Your first DWI can disqualify you from driving your commercial vehicle for 10 days if you are a
- Commercial driver
- School bus driver
- Activity bus driver
- Childcare driver
And another DWI offense revokes your license for ANY kind of driving.
Driver’s License Revocation with DWI Charge
You lose your license for 30 days (with limited driving privileges after 10 days) if you:
- Are charged with DWI because you refuse to take a breathalyzer.
- Have results of 0.08 or more.
- Have results of 0.04 or more as a commercial driver.
Driver’s License Revocation If You are Under Age 21
North Carolina takes juvenile drinking and driving seriously. The limit on the amount of alcohol you may consume and drive is practically zero. If you are pulled over with breathalyzer results above 0.04 or if you refuse the test and the officer smells alcohol on your breath, you can lose your license for a year.
Driver’s License Revocation After DWI Conviction
For your first DWI offense conviction, your license is revoked for one year. If you are convicted again within three years, your license is revoked for four years.
Sometimes, the judge will grant a limited driving privilege if you:
- Did not hurt anyone.
- Did not have a child under sixteen years of age in the car.
- You obtain a substance abuse assessment.
If you want to get your license back, most assessments recommend that you go to a treatment program.
Get Help
If you are charged with a DWI, consider the above consequences to a conviction as a warning that you need an attorney. Often, once you are charged with a DWI, you are in a system that cares little about what happens to you next. A DWI could have lasting consequences for life. Don’t make the mistake of believing that this is not a big deal.
If you want to make sure that your rights are not trampled on, contact the experienced criminal law attorneys at Cape Fear Law today.