Charlotte Criminal Lawyer Blog
What are the Penalties for DWI in North Carolina?
Driving while intoxicated, DWI, can result in criminal charges. In North Carolina, the legal blood alcohol content (BAC) for adults aged 21 and over is 0.08%. There is zero tolerance for alcohol consumption for those under the age of 21. If you are a commercial driver, you cannot have a BAC of 0.04% or higher. If you have been charged with DWI, you will want to understand the potential penalties if you are convicted. A qualified criminal defense attorney will vigorously defend the charges and help you get the best possible results in your case.
🎧 Your blog, your way! Prefer to listen?
DWI Penalties
The penalties for DWI generally include a combination of fines, jail sentences, probation, alcohol abuse education, ignition lock, and license suspension. Your vehicle may also be impounded. The judge will review the details of the case to determine the minimum and maximum sentence guidelines. Some factors that will, in part, be used to evaluate your case for sentencing include the level of intoxication, whether you have had prior DWI convictions, and aggravating factors. In addition, mitigating factors may apply.
Aggravating Factors
The presence of aggravating or grossly aggravating factors will determine the sentencing level. Some aggravating factors include:
- Level of intoxication at 0.15% or higher
- Reckless driving
- Causing an accident
- Speeding – more than 30 MPH over the limit
- Speeding while eluding police
- Driving with a revoked license
- Illegally passing a school bus
- Prior DWI convictions
Aggravating factors are those that make the offense worse and will, therefore, increase sentences to the higher end of the guidelines.
Mitigating Factors
Mitigating factors are circumstances that could reduce the severity or culpability of the crime. Some mitigating factors the judge will review include:
- Safe driving record
- Minimal impairment
- Impairment due to the use of a legal prescription medication
- BAC not more than 0.09%
- Lawful vehicle operation (other than DWI)
- Voluntary submission to a mental health assessment
The judge will review both aggravating and mitigating circumstances. If there are no factors of either type, or the factors balance themselves, you will likely receive a level 4 sentence. If there are more aggravating factors than mitigating factors, the judge will impose a level 3 sentence. If the mitigating factors outweigh the aggravating factors, the sentence will likely be level 5.
Importance of Legal Guidance
As you can see, the judge has some leeway in imposing a sentence based on the factors of the case. Therefore, it is critical to present mitigating factors in your case. Although you can represent yourself in court, it is beneficial to seek legal counsel, especially in serious cases such as DWI. There is a high risk of potentially severe consequences that could impact your life now and in the future.
A skilled attorney understands the process and knows how to best present a defense in your particular case. There may be a possibility to get the charges reduced or dropped, or to have some evidence excluded from trial. If you are found guilty, your lawyer will work to highlight the mitigating factors that could provide a pathway towards a less severe sentence. If you have been charged with DWI, we can help. Call us today at Arnold & Smith, PLLC, at (704) 370-2828 for a consultation.
The criminal defense attorneys at Arnold & Smith, PLLC make it their mission to zealously defend their clients on a wide range of criminal matters at both the state and federal levels. These matters may include any charge from traffic offenses; DWI/DUI; drug charges (from simple possession to possession with intent to distribute and trafficking); gun permit denials; weapons offenses; and property crimes (larceny, breaking and entering, robbery, fraud, embezzlement, white collar offenses); to sexually related offenses (indecent exposure; sexual assault, crimes against nature, removal from sex offender registry); and violent crimes (domestic violence; assault; manslaughter; homicide, murder). Other legal issues that Arnold & Smith, PLLC criminal clients may be facing include restraining orders, restraining order and probation violations, expungements; appeals; and immigration issues related to criminal charges. Our criminal defense attorneys are passionate about ensuring that individuals empower themselves by being informed about their constitutional rights, and stand at the ready to fight in the defense of those facing criminal charges.
Source:
https://www.law.cornell.edu/wex/blood-alcohol_content_(bac)
Image Credit:
https://www.freeimages.com/photo/moralization-2-1485613
See Our Related Video from our YouTube channel:
See Our Related Blog Posts: