Driving While Impaired (DUI/DWI)

In North Carolina, “Driving While Impaired” (or DWI) refers to the crime of driving a vehicle while impaired due to alcohol, drugs, or other substances. Some states refer to this as “Driving Under the Influence” (or DUI).  Regardless of the term used-DUI or DWI-the consequences can be serious and long-lasting.

What Qualifies as a DWI in NC? 

A blood alcohol concentration (or “BAC”) of 0.08 or higher while operating a vehicle can lead to being charged with DWI. However, it is important to realize that you can be charged for DWI if you are driving while under the influence of any impairing substance-not just alcohol. This includes illegal drugs (such as marijuana, heroin, or LSD) and legal prescription medications that can affect judgment or reaction time. A DWI charge is a serious criminal offense in North Carolina, carrying harsh fines and penalties. However, the specific punishment can vary depending on the unique circumstances of your case.

What Factors Influence Sentencing?  

If you are convicted of DWI, a judge will hold a sentencing hearing to determine whether there are factors that will affect the punishment to be imposed. Aggravating factors will hurt your case so that the penalties and fines you face become more serious, and mitigating factors will help your case so that the punishment you face becomes less severe.

Aggravating Factors include:

• Prior DWI Convictions

• Driving with a Revoked License

• Your involvement in an accident, especially one that causes someone to be injured

• A high BAC of 0.15 or higher

• Driving with a passenger who is a minor

Mitigating Factors include:

• A clean driving record

• A BAC of 0.09 or lower

• Completion of a Substance Abuse Assessment and Treatment prior to Sentencing

• Impairment by a proper dose of a legally prescribed medication

What Can I Expect if This is My First Offense? 

If this is your first DWI offense and you have more mitigating factors than aggravating factors, the conviction is likely to result in a Level 5 misdemeanor punishment. If you fall under this category, the following is a likely outcome:

• 12 months of unsupervised probation

• Mandatory one-year suspension of your driver’s license

• Driving only pursuant to a Limited Driving Privilege

• Payment of court costs, fees, and a fine

• Required substance abuse counseling and treatment

• Minimum of 24 hours in jail OR 24 hours of community service

The Far-Reaching Impact of a DWI Conviction 

The consequences of a DWI conviction extend far beyond the courtroom, affecting various aspects of your life:

• Financial Impacts: Significant increase in your auto insurance premiums, court costs, fines, and restitution for damages to property or personal injuries can create a financial burden on you and your family.

• Criminal Record: A permanent criminal record can impact future employment and housing opportunities.

• Reputation: Embarrassment in your personal and professional life from a DWI can linger for years after your legal punishment has ended.

• Career: You may face loss of your job and future ineligibility for certain employment opportunities
• Additional Penalties: You could face extended community service hours, increased fines up to $10,000, lengthy and even permanent revocation of your driver’s license, installation of an interlock device on your vehicle, drug/alcohol monitoring, and even jail time.

How Tharrington Smith Can Defend Your Rights 

The experienced criminal defense lawyers at Tharrington Smith have the knowledge and skills to defend you in a DWI/DUI case. We diligently investigate any and all possible defenses in your DWI case, including:

• Lawfulness of the Stop: We will examine whether the officer had the legal grounds to stop you in the first place.

• Probable Cause: We will assess whether the officer had the probable cause needed to arrest you for DWI.

• Procedural and Technical Errors: We will meticulously search for the existence of any procedural or technical errors made by law enforcement that can impact the State’s ability to convict you.

• Other Defenses: We will devote our time and attention to finding any other possible way to defend you.

In some cases, we can substantially lessen the severity of your punishment or potentially achieve a dismissal of the charges.

At Tharrington Smith, we understand the devastating impact of a DWI conviction. We are committed to zealously advocating for our clients to minimize the legal, financial, and personal consequences. If you have been charged with a DWI or any other criminal offense, call a DWI attorney at Tharrington Smith today.

Disclaimer: The information in this blog post serves general informational purposes only and should not constitute legal advice. DWI laws are intricate and vary based on individual circumstances. For guidance tailored to your specific situation, please reach out to our attorneys at Tharrington Smith.

© Tharrington Smith, LLP