The Law of Driving While Impaired (DWI)

One of the most complex areas of law in our criminal justice system is the law of Driving While Impaired. All sorts of issues can be involved in any given DWI charge, including but not limited to:

  • Certain constitutional rights
  • Fixed statutory rights
  • Jail time
  • License revocation
  • Cost of car insurance
  • Limited Driving Privileges
  • Costly fines
  • Reasonable suspicion to make a vehicle stop for DWI
  • Probable cause to arrest for DWI

At NC Ticket Law we stress the importance of knowing your rights. You need the advice of experienced legal counsel. Like all criminal charges, you have a right to plead not guilty and have a court place the facts to the law and determine whether you’re guilty or not guilty. Some circumstances even give rise to mandatory jail time for a DWI conviction. This is why consultation is so critical. Our Criminal Law Division can be reached at 1-800-NC-BUSTED and you can speak to an attorney so that you can learn more about your options. If after consultation a determination is made that a plea of guilty is in your best interest, having a lawyer guide you through the court process can be very helpful. You may be eligible for a Limited Driving Privilege, which gives you the right to drive for certain activities while your license is revoked.

PUNISHMENT LEVELS:

North Carolina law mandates special punishment for Driving While Impaired convictions. It’s the only misdemeanor to receive its own punishment schedule. Convictions fall into one of five categories, with one being the most severe, and five being the least. Grossly aggravating factors, if present in your case, ratchet the punishment level up to levels one or two, which requires, among other things, a term of jail or imprisonment. Certain other conditions, such as a bad driving record or driving especially dangerously, may be classified as aggravating factors, which are balanced against any mitigating factors present. If more mitigating factors exist than aggravating factors, then punishment level five is imposed; if equal, punishment level four; and if more aggravating factors than mitigating, then level three. Once a punishment level is determined, the Judge will order punishment within a range of specified requirements, but has great discretion within a punishment level to order what’s deemed in the interest of justice.

A helpful resource for learning more about the law of impaired driving is the North Carolina Division of Motor Vehicles (NCDMV) webpage.

DEFENSES:

After examining the facts of your case, it may very well be that holding a hearing or trial is in your best interest. Though commonly unacknowledged in our public discourse, people do plead “not guilty” to Driving While Impaired charges because they’re in fact “not guilty.” Just because you’ve been charged doesn’t mean that the State has a very good case. Three distinct stages comprise any given Driving While Impaired charge: 1) pre-vehicle stop; 2) after your vehicle has been stopped but before you’ve been arrested; and 3) after you’ve been arrested and before appearance conditions have been set for your release from custody. We have significant experience examining these three stages. Identifying any error or deficiency in police procedure improves your defense. Constitutional issues always arise upon the stop of a vehicle – the police have to have what’s termed “reasonable suspicion” for a detention. Contesting impairment, or what the law terms “appreciable impairment,” could be a serious and viable issue in your case. Even if the State possesses a chemical analysis of your blood alcohol level, it’s possible to argue that those numbers don’t necessarily constitute unlawful impairment of your mental or physical faculties.

The law of Driving While Impaired is very complex. The most experienced lawyers must constantly keep up with recent changes and developments. Retaining an experienced lawyer empowers you with the knowledge of your rights, facilitating their eventual vindication as your case progresses through the court system.

CONTACT INFORMATION:

Again, there is no substitute for the advice of experienced legal counsel. If you’re facing a DWI charge, you should hire a lawyer. Give us a call today at 1-800-NC-BUSTED to set up a free consultation with one of our lawyers, to learn more about your options. The call and the advice are free. Check out our user-friendly website at NCTicketLaw.com to learn more. Our team has the experience and desire to help you throughout this complicated process so that your rights and liberties are best protected.

Call us today at 1-800-NC-BUSTED to set up your free consultation.