What Happens After A Dwi Arrest In North Carolina?

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What Happens After A Dwi Arrest In North Carolina?

Driving Privilege:

If you register .08 or greater in a blood or breath test, you lose your privilege to drive in North Carolina (and your license, if it is a North Carolina license) for 30 days.
Often you are eligible for a privilege to drive after 10 days if you comply with statutory procedure.

Court Dates: Sometimes you can be excused from appearing at court dates. Suppression Hearing: The Court may suppress some or all of the evidence against you if your constitutional rights have been violated. Your attorney may file motions to suppress. It occurs anywhere 4 weeks to 2 years after you are charged. Trial: First there is a trial to a judge sitting as judge and jury. If you are found guilty, you can appeal and ask for a jury of twelve to hear your case They will not be told of the first verdict. Sentencing: The Court imposes a sentence after a conviction at trial or after a plea bargain is accepted and a plea entered. Sentences may include jail time, in home detention, public service, alcohol classes, community service, license suspension, supervised probation and fines.

Other North Carolina Drunk Driving Defense FAQs

Q: What To Do In Case Of An Accident
A:
Q: Are Some Dwis Felonies?
A: In North Carolina there are two types of DWI's that are felonies. Felony death by motor vehicle, which a person is charged with if someone dies in an accident that was … More
Q: What Happens After A Conviction For A Misdemeanor Dwi?
A: After a conviction of misdemeanor DWI, the judge must hold a separate sentencing hearing and determine the appropriate level of punishment. At that hearing, the judge … More
Q: What Are The Sentencing "levels"?
A: Two or more grossly aggravating factors leads to a level one sentence. If there are no grossly aggravating factors, the judge will weigh aggravating and mitigating … More
Q: What Is A Level Two Sentence?
A: If that judge finds one grossly aggravating factor, you would be sentenced under level two. If the judge orders a level two punishment, he must sentence you to 7 days … More
Q: What Is A Level Three Sentence?
A: If the judge orders a level three punishment, you will be ordered to choose one of the three following options: (1) 72 hours of community service ($100 fee), (2)72 … More
Q: What Is A Level Four Sentence?
A: If you are convicted and sentenced at level four, the same conditions will apply except you will chose between 48 hours of community service, 48 hours of jail, or 60 … More
Q: What Is A Level Five Sentence?
A: If you are convicted and sentenced at level five, you will be ordered to chose between 24 hours of community service, 24 hours of jail, or 30 days not driving. The … More
Q: Will I Be Able To Get My Case Dismissed Because I Was Not Read My Rights?
A: Probably not. But if you were interrogated after being placed in custody, your statements can not be used against you.
Q: Will I Go To Jail?
A: An experienced attorney may be able to keep you out.