- Accidents happen. That's why it's so important to hire the right lawyer, if you need one.
Like every other state, North Carolina outlaws driving while intoxicated (DW) by drugs or alcohol. If you are among those who are pulled over for a moving violation, you might be subjected to drug or alcohol testing. A police officer who has probable cause to suspect a driver of a DWI offense can conduct a field sobriety test that likely would include a breathalyzer. If you fail the field sobriety or breathalyzer test, the officer likely will arrest or detain you until a blood test or urinalysis is done.
The results of a blood test or urinalysis could result in a DWI charge, which is a criminal offense punishable by a fine and time in jail. It also would cost you your driving privileges. If you are accused of a DWI offense, a Raleigh criminal lawyer who is experienced in North Carolina DWI cases is your best bet for upholding your rights. Your lawyer can look for weaknesses in the case against you and present the best possible legal defense.
Five Levels of DWI Offenses
A North Carolina DWI offense is a serious matter that initially is a misdemeanor but could rise to the level of a felony offense if you have three or more convictions in 10 years. Virtually all offenses will cause you to lose your driving privileges, but you might obtain a restricted driver’s license that enables you to drive to and from work, doctor’s appointments, and other important matters.
If you are charged with a DWI offense in North Carolina, it would be for one of five levels of offenses. The five levels of DWI offenses are:
- Level 5, which is punishable by a $200 fine and up to 60 days in jail.
- Level 4, which is punishable by a $500 fine and up to 120 days in jail.
- Level 3, which is punishable by a $1,000 fine and up to six months in jail.
- Level 2, which is punishable by a $5,000 fine and up to a year in jail.
- Level 1, which is punishable by a $4,000 fine and up to two years in jail.
Offenses that are level three through level five give the judge some leeway regarding sentencing by enabling the accused to enter a diversion program instead of going to jail. State law doesn’t give judges the ability to suspend minimum jail sentences. No matter which level of offense you might face, a judge doesn’t have to impose the maximum jail sentence.
Possible Leniency for DWI Charges
Whenever facing DWI charges, it’s best to have experienced Raleigh DWI lawyers handling your legal defense. Retaining an experienced DWI attorney to uphold your rights and present the strongest possible legal defense that might result in your beating the charge. Your attorney might argue that the police officer did not have probable cause, that the evidence wasn’t obtained correctly, or that the evidence handling was done improperly. Other legal defenses also might weaken the case against you and result in the charges being dismissed or defeated in court. If you’re in Tulsa, Oklahoma and facing a DWI charge, seeking a Tulsa county criminal attorney with specific experience in DWI cases is crucial for defense.
If the evidence is strong, you might have the chance to avoid jail depending on the level of offense for which you are accused. North Carolina had 26,333 DWI convictions against drivers in 2022. Most of those drivers were sentenced for level five offenses, and 62 percent were sentenced to unsupervised probation. Another 31 percent were given supervised probation, and 7 percent have active sentences in effect. The 93 percent of DWI offenses resulting in probation in 2022 show how important it is to have an experienced DWI lawyer handling your case.