Jacksonville North Carolina DWI Lawyer
Aggressive DWI Offense Attorney Serving Jacksonville, Wilmington, and Surrounding Areas.
If you’re being charged with a DWI in North Carolina, your next step is to contact an experienced Jacksonville DWI lawyer.
There are several considerations that come into play once someone is convicted of a DWI. The way North Carolina’s DWI and DUI laws work, the level of penalties assessed for driving while impaired depends on the level of the offense. North Carolina is a Zero Tolerance state and has harsh punishments for DWI convictions.
Let Aden Wilkie’s 22 years of legal experience work for you – give him a call now at 910-333-9626. Available 24/7 for consultation.
Jacksonville DWI Defense
DUI vs DWI in NC
DWI stands for driving while impaired while DUI stands for driving under the influence. Regardless of which you’re being charged with, being convicted of a DWI or DUI in North Carolina indicates the driver operated a motor vehicle while impaired by an impairing substance.
It is possible to be charged with DWI with an impairing substance other than alcohol.
This includes, but isn’t limited to:
North Carolina does not make a distinction between DWI and DUI. Everything falls under a single offense-DWI.
In North Carolina, the primary administrative penalty for a DWI is license revocation. This comes in two forms: a civil suspension at the time of arrest and a criminal suspension, if convicted.
Any driver/operator who is stopped on suspicion of DWI in North Carolina and refuses to submit a breath test or has a BAC of .08% or higher is looking at immediate revocation for 30 days.
If convicted, the offender’s drivers license is revoked for one year. However, there is a limited driving privilege after 10 days, which allows the offender to drive only during certain hours for work purposes. In order to have the license reinstated, the offender must complete a drug and alcohol assessment and treatment
North Carolina’s DWI laws prohibit driving or operating a vehicle while:
- under the influence of a impairing substance,
- having a blood alcohol concentration (BAC) of .08% or more, and/or
having any amount of a schedule 1 controlled substance (amphetamines, opiates, heroin, etc.) in the blood or urine.
If you’re being charged with a DWI offense, a Hampstead DWI lawyer will lay out the options for your case. There may be holes in the prosecution’s case that would allow the charges to be dropped altogether.
North Carolina is one of the toughest states on DWI offenders. NC DWI offenders are sentenced based on a sliding scale–5 levels of misdemeanor DWI, with level 1 being the most and level 5 the lease serious.
A DWI in North Carolina will be charged as a felony if one of two scenarios exist:
- if the accused driver is a habitual offender, or
- if the DWI resulted in an accident that caused the death of another person.
Each prior conviction will count as an aggravating factor, which will be damaging to your case. The state of North Carolina considers anyone with 3 prior DWI convictions within a 7 year period to be a repeat offender.
In North Carolina, a felony DWI is punishable by a mandatory prison sentence, large fines and the possible permanent loss of your license.
If you’re convicted of a felony DWI, you’ll automatically face a minimum prison sentence of 1 year. This sentence may not be reduced. However, it can be extended at the court’s discretion.
During your sentence or once you’re out on parole, the state will also require you to attend and complete a substance abuse class.
In some cases, you may lose your license indefinitely and the state can seize and sell your vehicle.
For sentencing purposes in North Carolina, a DWI stays on your record for 7 years. Any further driving offenses committed during this time will be considered additional offenses, making the alleged offender liable for more severe fines and jail time.
Schedule 1 Controlled Substance DWI in North Carolina
You can also be convicted of a DWI if you have any amount of a schedule 1 controlled substance in your blood. For North Carolina, this is a “per se” violation. So, the state does not even have to prove that the driver or operator was actually impaired.
In North Carolina, Schedule 1 drugs include but aren’t limited to:
- hallucinogenic substances such as MDA, MDE, and MDEA
Aiding and Abetting a DWI in North Carolina
Additionally, North Carolina recognizes the charge or aiding abetting a DWI. If you give your car keys to someone you know (or should have known) was impaired, and they drive, you could face a DWI conviction under aiding and abetting.
While this is punished at the lowest level, it is still a conviction for DWI and carries all of the same punishments of any other level 5 DWI.
Do I Need a Jacksonville DWI Lawyer?
You should always have a good DWI lawyer in North Carolina. If you’re charged, you really don’t want to handle a DWI case yourself.
There may be opportunities to challenge your arrest or evidence at many points in your case. An experienced Jacksonville DWI lawyer will work quickly to try and reduce or eliminate the damage that a DWI can cause.
At Wilkie Law Firm, we’ll examine:
- why you were stopped to begin with, as well as the police officer’s justification for arresting you,
- whether or not the officer informed you of your Miranda rights,
- your arresting officer’s administration of field sobriety tests,
- timeliness or propriety of intoximeter testing and results (This includes the prosecution’s ability to demonstrate proper calibration and operation, as well as proper maintenance between uses.) and,
- protocol for the officer’s search and seizure.
To speak with an experienced Jacksonville DWI attorney and set up a confidential consultation, give Aden Wilkie a call today at 910-333-9626.