In North Carolina, a first-offense DWI charge will result in a level 1 DWI sentencing. Level 1 DWI sentencing includes a maximum of 2 years in jail, up to $4,000 in fines, mandatory drug treatment, and probation.
The DWI law can be located in the NC General Statutes, § 20‑138.1. In summary, the State is required to demonstrate that while operating a vehicle in a public place (which includes your own driveway), you were either a) impaired by a substance; b) had a BAC of .08 or higher from a chemical analysis after consuming enough alcohol; or c) had any quantity of a Schedule I controlled substance or its byproducts in your blood or urine. Unfortunately, this implies that in North Carolina, you may be convicted of [...]
I was arrested for a DWI after I blew a .08 on the breathalyzer, do I have any choice but to plead guilty?
Certainly, you are not limited to pleading guilty if you have blown at or above the legal limit of a .08 blood alcohol content (BAC). You are entitled to request a hearing on the legality of your stop and arrest, during which your attorney can argue that both were unconstitutional and violated your Fourth Amendment right to be free from unreasonable search and seizure. In the event of success, your case may be dismissed even if it is undisputed that you exceeded the legal BAC limit. Additionally, you have the [...]
North Carolina imposes a wide range of penalties for DWI offenses. Even for a first offense, the state can be tough on those charged with drunk driving or driving while impaired, particularly when certain factors make the case more serious. These factors may be classified as "grossly aggravating" or "aggravating," with the former including previous DWI offenses and having a child under 16 in the vehicle, and the latter including reckless driving, a BAC of .15 or higher, and other factors. In general, a first DWI offense in North Carolina [...]
Typically, when you are charged with a DWI in North Carolina and your blood alcohol content (BAC) is .08 or higher, your license will be automatically suspended for 30 days while your case is ongoing. Nevertheless, there are certain circumstances where you might be able to request limited driving privileges (e.g., for work or school) from the Court after ten days have passed since your initial suspension.
Typically, if you are charged with a DWI in North Carolina and refuse to submit to chemical analysis, your license will be suspended for a year, regardless of the outcome of your case. However, you may be eligible for a limited driving privilege after 6 months. North Carolina's "implied consent" law mandates chemical analysis following a DWI arrest and refusing to comply can result in certain consequences. Additionally, the prosecution may use your refusal as evidence of guilt during trial. Despite this, there are situations in which it may be [...]