Free North Carolina Drunk Driving Defense FAQs | Free North Carolina Drunk Driving Defense Legal Documents

What Happens After A Dwi Arrest In North Carolina?

Tue, 29 May 2007 21:19:00 GMT

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.

Are Some Dwis Felonies?

Tue, 29 May 2007 21:19:00 GMT

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 caused by a drunk driver. Felony death by motor vehicle can also be charged as second degree murder. The other felony is habitual DWI, which a person is charged with if it is their fourth DWI conviction within seven years. A plea or verdict of guilty of habitual DWI requires a judge to sentence you to no less than one year in the Department of Corrections. That sentence cannot be suspended and is the absolute minimum sentence. Most judges give a much longer sentence than the minimum for habitual DWI.

What Happens After A Conviction For A Misdemeanor Dwi?

Tue, 29 May 2007 21:19:00 GMT

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 determines if there are any grossly aggravating factors. These factors are prior DWI convictions, driving while license revoked for DWI or alcohol related offenses, serious injury to another person, or driving with a child under the age of 16 years old.

What Are The Sentencing "levels"?

Tue, 29 May 2007 21:19:00 GMT

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 factors to determine if the defendant should be sentenced under level three, four, or five. If the aggravating factors outweigh the mitigating factors, level three punishment is imposed. If the aggravating and mitigating factors are equal, level four punishment is imposed.

What Is A Level Two Sentence?

Tue, 29 May 2007 21:19:00 GMT

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 in jail minimum and one year maximum, and will order supervised probation and an fine.

What Is A Level Three Sentence?

Tue, 29 May 2007 21:19:00 GMT

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 hours in jail ($15 per day fee) (3) 90 days of no driving after conviction. Plus, if you are convicted and sentenced at level three, the judge will order you to pay a fine between $250 and $1000 plus $90 as the cost of court. In addition, at level three the judge can sentence you to an active sentence of up to 120 days in jail. Most judges do not sentence people to active terms on level three, four, or five. Also, If you are convicted at level three, four, or five, the judge will order you to complete an assessment for alcohol problems and follow the recommended treatment program. The judge will likely impose a suspended sentence and place you on unsupervised probation though supervised probation is an option. Your license will be suspended for one year and you will generally be allowed a limited driving privilege, which allows you to drive to and from work.

What Is A Level Four Sentence?

Tue, 29 May 2007 21:19:00 GMT

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 days not driving. The fine ranges from $200$1000 plus $90 as the cost of court. The maximum jail term is 90 days.

What Is A Level Five Sentence?

Tue, 29 May 2007 21:19:00 GMT

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 fine ranges from $100$1000 plus $90 as the cost of court. The maximum jail term is 60 days. On the other hand, if the mitigating factors outweigh the aggravating factors, level five punishment is imposed.

Will I Be Able To Get My Case Dismissed Because I Was Not Read My Rights?

Tue, 29 May 2007 21:19:00 GMT

Probably not. But if you were interrogated after being placed in custody, your statements can not be used against you.

Will I Go To Jail?

Tue, 29 May 2007 21:19:00 GMT

An experienced attorney may be able to keep you out.

I Had Two Alcohol Offenses When I Was Younger. What Will Happen To My License If I Have A Third Conviction?

Tue, 29 May 2007 21:19:00 GMT

It depends on exactly when those offenses occurred and the statute under which you were convicted.

How Many Hours Of Alcohol Classes Will I Have To Take?

Tue, 29 May 2007 21:19:00 GMT

The type and amount of treatment will be decided at your assessment. Generally, the higher your BAC, the more hours you will have to complete.

What Will Happen If I Do Not Complete The Classes Or Public Service Ordered By The Court?

Tue, 29 May 2007 21:19:00 GMT

You could go to jail and you could lose your limited privilege or license.

I Lost My North Carolina License. May I Obtain A License In Another State?

Tue, 29 May 2007 21:19:00 GMT

In most cases, no.

If I Obtain An International Driver's License, May I Drive In North Carolina, Even Though My North Carolina License Is Revoked?

Mon, 04 Jun 2007 21:51:22 GMT

No.

What Can I Do To Save My License?

Tue, 29 May 2007 21:19:00 GMT

First and foremost, hire an experienced attorney. There are many factors to consider.
If it is alleged that you refused to cooperate in alcohol testing, you must promptly request a hearing or you lose your right to contest that allegation and your license will be suspended for at least one year.
In a refusal, requesting a hearing stalls the suspension and allows me to investigate all avenues that may keep you driving.
In most cases, you have the right to a limited privilege after 10 of the 30 days suspension, and you can have your license back in 30 days for $50.00.

What Are The Speed Limits In North Carolina?

Tue, 29 May 2007 21:19:00 GMT

Unless Otherwise Posted Absolute Interstate 70 mph
Ltd Access Rds 55 mph
Other Primary Rds 55 mph
Residential 35 mph

How Are Speed Limits Enforced?

Tue, 29 May 2007 21:19:00 GMT

Enforced through use of: Pacing Yes
Radar Yes
Vascar Yes
Photo Radar No
Aircraft No
Laser No

How Can Tickets Be Paid?

Tue, 29 May 2007 21:19:00 GMT

Tickets can be paid in person and some tickets can be paid by mail.

Is Trial By Declaration Allowed?

Tue, 29 May 2007 21:19:00 GMT

When Is A Jury Trial Allowed?

Tue, 29 May 2007 21:19:00 GMT

Speeding Yes
Parking Yes
Equipment Yes
DWI Yes

What Is A Member Nonresident Compact?

Tue, 29 May 2007 21:19:00 GMT

Nonresident motorist receiving a ticket in a member state will receive the same treatment as resident motorists. If your state or the state you receive a ticket in is not a member, you may have to pay a cash bond before you can continue your trip.

What Is A Member Driver License Compact?

Tue, 29 May 2007 21:19:00 GMT

If you receive a ticket, warning, etc. in another state and your state is a member, you state will be notified about the ticket.

When And Where Do I File Accident Reports?

Tue, 29 May 2007 21:19:00 GMT

Accidents involving death, personal injury, or property damage exceeding $1,000 must be reported immediately to the local authorities.

What Are The Resident Insurance Requirements?

Tue, 29 May 2007 21:19:00 GMT

Compulsory insurance law and financial responsibility law. Minimum limits: $25,000/50,000/15,000. North Carolina has uninsured motorists law.

Does North Carolina Use Road Blocks?

Tue, 29 May 2007 21:19:00 GMT

North Carolina makes extensive use of road blocks for DUI, seatbelt and other traffic enforcement purposes.

Is There Anything Unique To North Carolina?

Tue, 29 May 2007 21:19:00 GMT

North Carolina is notorious for citing nonresidents who then receive offers from attorneys in the locale of the violation who "guarantee" a "no point" or reduced point violation for a specified amount of money.

When Can I Make A Left Turn?

Tue, 29 May 2007 21:19:00 GMT

Left turns on red from a oneway street to another oneway street are illegal in North Carolina.

When Must I Use Windshield Wipers?

Tue, 29 May 2007 21:19:00 GMT

North Carolina requires that you have your headlights on whenever you are using your windshield wipers.

What Are Some Other Regulations?

Tue, 29 May 2007 21:19:00 GMT

Transporting open beer and unfortified wine is permitted. All other alcoholic beverages in open containers are prohibited in the vehicle. Consumption while operating a vehicle is prohibited.
Firearms are permitted in the vehicle in plain view. Studded tires are permitted.
Tire chains are not required.
North Carolina has a seat belt law with primary enforcement for all occupants.
North Carolina has a mandatory child restraint law for passengers under 13 years of age. Children under age 4 must use approved car safety seats.
North Carolina has a mandatory motorcycle helmet law.
Registration and insurance card must be carried in the vehicle.