How Will NC DWI Laws Affect My Case?

October 25, 2019
driving while impaired

North Carolina has strict laws regarding driving while impaired (DWI). Generally speaking, if you are pulled over and found to be behind the wheel while under the influence of alcohol or drugs, you may face this charge. It’s important to know the laws and how a DWI can affect your case.

What Encompasses DWI in North Carolina?

A driver can face DWI charges in the state of North Carolina if they operate a motor vehicle while on a street, highway or any public area where vehicles are permitted and the following is in place:

• They are under the influence of a substance that impairs them
• They present a blood alcohol concentration (BAC) of 0.08 percent or higher
• There are traces of a Schedule I controlled substance or its metabolites found in their blood or urine

If the driver is younger than 21, there is a zero-tolerance policy. The state makes it illegal for an underage person to drive no matter what the amount of alcohol or drugs in their system. In terms of commercial drivers, the legal limit is 0.04 percent.

What are Schedule I Controlled Substances?

Schedule I controlled substances may include the following:

• Depressants
• Hallucinogens
• Opiates
• Opiate derivatives
• Stimulants

Even a legal prescription for a drug that falls under any of the above categories can result in a person getting charged with DWI.

Penalties for DWI in North Carolina

If you are convicted of DWI in the state, you can face a range of penalties depending on certain factors. The following can impact the penalties you receive:

• If it’s your first or a repeat offense
• Grossly aggravating and mitigating factors are in place
• Whether another person was injured or killed and if your actions were likely to cause injury or death to another person

In general, if you receive a level five conviction, which is the least serious, your penalties are determined in a trial. On the other hand, if you face an Aggravated One conviction, which is the most serious, you may get 36 months of prison time, a hefty fine of $10,000, suspension or revocation of your license, court costs and other fees, required community service and substance abuse treatment and an interlock ignition device placed on your vehicle.

If you have been arrested in North Carolina on DWI charges, it’s a very serious matter that requires the help of Raleigh DWI attorneys. The Law Office of Karl E. Knudsen, a criminal law firm in Raleigh NC, is there for you every step of the way. Contact the Law Office of Karl E. Knudsen at your earliest convenience to discuss your case with skilled Raleigh DWI attorneys. The criminal law firm in Raleigh NC will build a strong defense in your case.