DWI cases
Protecting the rights of the accused
No DWI Case is hopeless
Drunk driving is a serious crime that can happen to anyone, regardless of their age, gender, or background. After a night out with friends, it’s all too easy to assume that you’re capable of driving. However, this confidence can lead to unexpected consequences, including a DWI arrest during a routine traffic stop.
It’s important to remember that not all DWI cases are the same. Many different factors can come into play, including the circumstances of the arrest, the severity of the offense, and the individual’s prior record. These legal challenges require the immediate assistance of an experienced DWI attorney. If you or someone you know has been arrested for DWI, it’s important to seek legal representation right away. A knowledgeable attorney like David K. Gross, can help you understand your legal rights and options, and work to minimize the impact of the charges on your life.
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In North Carolina, there are Felony DWI and Misdemeanor DWI charges.
There are five levels of misdemeanor Driving While Intoxicated.
Level I is the most serious and Level V the least.
Level V
A level V offense carries a fine of up to $200 and a jail term that ranges from 24 hours minimum to 60 days maximum. A judge can suspend the sentence but upon completion that the driver faces additional penalties, such as spending 24 hours in jail, performing 24 hours of community service, and not being able to operate a motor vehicle for 30 days.
Level IV
A Level IV offense is punishable by a fine up to $500 and a minimum jail sentence of 48 hours and a maximum of 120 days. A judge can decide to suspend the sentence but upon completion that the driver perform 48 hours of community service, spend 48 hours in jail, or not operate a motor vehicle for 60 days.
Level III
A Level III offence is punishable by a fine up to $1,000 and a minimum jail sentence of 72 hours and a maximum of 6 months. A judge can decide to 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.
Level II
A level II offense is punishable by a fine up to $2,000 and a minimum jail sentence of 7 days and a maximum of 1 year. Unlike Level V-III offenses, the judge cannot suspend the minimum sentence.
Level I
A Level I offense is the most serious misdemeanor DWI offense. It is punishable by a fine up to $4,000 and a minimum jail sentence of 30 days and a maximum of two years. Unlike Level V-III offenses, the judge cannot suspend the minimum sentence.
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Felony DWI
For repeat or Habitual DWI offenders, drivers who have had three prior DWI convictions within the past seven years, a DWI becomes a felony carrying more severe consequences. The Habitual DWI statute mandates a minimum active jail term of 1 year. This sentence cannot be suspended. In addition, Habitual DWI offenders must go through a substance abuse program while in jail or as a condition of parole.
DWI Under Age 21
North Carolina has a zero-tolerance stance against drivers who are under the legal drinking age and drink or use drugs illegally and get behind the wheel. People under age 21 cannot drive with any alcohol or illegally-used drugs in their system, no exceptions. In this instance, any amount of alcohol will result in an immediate 30 day pre-trial revocation. In addition, if an underage driver suspected of driving while impaired refuses to take a test, he or she now need only have the smell of alcohol on their breath to be convicted of driving while impaired. Offenders will have their licenses revoked for one year but, at the judges discretion, can get limited driving privileges instated if the driver was at least 18 years old at the occurrence of the offense and did not have a prior conviction.
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Drivers License Revocation
Any person charged with a DWI offense who refuses to take an Intoxilyzer test or who has a results of 0.08 or more, 0.04 if commercial motor vehicle, or is under age 21 and the results are above 0.04, will immediately have their drivers license revoked for 30 days. There are limited driving privilege available after 10 days. Once convicted of DWI for a first offense, the license is revoked for 1 year. A limited driving privilege may be granted by the judge, but only under the conditions that the driver did not hurt anyone, did not have a child under 16 years of age in the car at the time, and the driver obtains a substance abuse assessment. In order to have a license restored at the end of one year, the driver must go to treatment or school as recommended by the assessment. For a conviction of a second offense within three years, the drivers license revocation is four years.
Commercial Motor Vehicle Drivers
As a commercial motor vehicle operator, it’s important to understand the consequences of driving while intoxicated. In order to protect the safety of yourself and other drivers on the road, there are strict laws in place that prohibit the operation of commercial vehicles while under the influence.
For a first offense, driving a commercial vehicle is barred for a minimum of 10 days. However, the consequences become much more severe for a second or subsequent offense – in these cases, the driver’s license to operate any vehicle may be revoked.
It’s worth noting that there is zero tolerance for drivers of child care vehicles, school buses, and school activity buses. This means that any driver operating these types of vehicles is subject to immediate consequences if caught driving while intoxicated.
Refusing a Breath Test
When a driver is pulled over by a State Trooper or other law enforcement official for one of several alcohol-related violations, they may be asked to submit to a breathalyzer, blood test, or both to check for alcohol content or drug use. The test’s findings will be presented in court.
If the driver refuses the test, an immediate 30-day revocation is imposed and an additional one-year revocation is imposed after an opportunity for a hearing.
If the driver declines the test, a 30-day revocation is implemented right away, and a further one-year revocation is implemented following the opportunity for a hearing. A limited driving privilege can only be obtained after a six-month suspension.
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Let The Gross Law Group represent your case
Fill out the form below to get help with a DWI charge.
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Let The Gross Law Group represent your case
Fill out the form below to get help with a DWI charge.
*denotes required field