Whether you sipped a beer with your dinner as you discussed business, tossed back a few shots on a night out with friends, or drank a glass or two of wine before going out unexpectedly to pick your teenager up from a party, there are many ways you could be charged with driving under the influence (DUI), also known as driving while intoxicated (DWI). If convicted, these charges can have significant and long-ranging consequences. Even before any potential conviction, understanding what happens when you are charged with a first DUI offense may help you prepare for what is ahead, and knowing what happens if you face a second, third, or subsequent offense may help you be proactive about ensuring that you are never in a position to face such charges again. If you have been charged with a DUI in Forsyth, Mecklenburg, Haywood, or Watauga County, North Carolina, and would like to discuss your legal rights and options, an experienced DUI attorney with King Law Offices may be able to review your case and explain what to expect. Call (888) 748-KING to arrange a consultation.
What Is a DUI or DWI?
A DUI offense, or what some people call a DWI offense, occurs when a driver is impaired. Specifically, N.C.G.S. § 20-138.1 defines it as driving any vehicle on any street, highway, or public vehicular area within the state of North Carolina while under the influence of an impairing substance, after having consumed enough alcohol to have a blood alcohol content (BAC) of 0.08% or more, or with any amount of a Schedule I controlled substance or its metabolites in the driver’s urine or blood. While this is the general law applicable to most drivers, it is important to note that commercial (professional) drivers are limited to a BAC that does not exceed 0.04% per N.C.G.S. § 20-138.2. For drivers under age 21, there is zero tolerance for intoxication, which means these drivers can be charged with a DUI if there is any evidence at all of alcohol intoxication.
North Carolina is an implied consent state, per N.C.G.S. § 20-16.2. This means that all drivers who operate a motor vehicle on a highway or in a public vehicular area have already consented to a BAC test if the law enforcement officer has reasonable suspicion that the driver is impaired. While a 0.08% BAC is the point at which a driver is presumed to be impaired and can be charged with a DUI, failed field sobriety tests or other evidence of impaired driving may also result in a driver being charged with a DUI, even if their BAC does not meet the 0.08% BAC threshold.
Penalties For All DUI Offenses Before Court Hearing
While the United States operates on an “innocent until proven guilty” system, North Carolina implements two penalties for anyone charged with a DUI offense. These penalties apply regardless of whether the individual has any prior offenses and they occur before the pre-trial hearing. The first penalty is that the driver’s vehicle is impounded for 10 days. After 10 days, the driver must pay to release the vehicle.
The second penalty is that the driver’s driving privileges are revoked for at least 30 days until the pre-trial hearing takes place. However, the North Carolina courts understand that individuals may need to drive for specific purposes, such as commuting to and from work or school or attending medical appointments. Once it has been at least 10 days since the driver was charged, they or their attorney can petition the court for limited driving privileges, also known as a hardship license.
Sentencing Levels And How They Are Determined
While some states have specific penalties for first, second, third, and subsequent DUI offenses that apply to all drivers charged, North Carolina has a different method of sentencing drivers convicted of a DUI offense. There are six sentencing levels, as laid out in N.C.G.S. § 20-179. Level Five is the least severe, while Level One Aggravated is the most severe. In determining which sentencing level should apply, the judge evaluates if any grossly aggravating, aggravating, or mitigating factors exist. This evaluation is beyond a reasonable doubt, which means the judge must be reasonably certain that the factors they apply exist.
Aggravating Factors
Aggravating factors are unfavorable circumstances that may increase the sentence in a DUI offense. These factors include:
- BAC of 0.15% or higher
- Reckless driving or causing an accident while DUI
- Prior DUI offense convictions
- Speeding while trying to elude law enforcement while DUI
- Driving 30 mph or more over the speed limit while DUI
- Illegally passing a school bus while DUI
Grossly Aggravating Factors
Grossly aggravating factors are unfavorable circumstances that automatically increase the severity of the DUI offense sentencing. These factors include:
- Prior DUI within the last seven years
- DUI conviction while under suspension for another DUI conviction
- Serious injury to another person while DUI
- DUI with a child under the age of 18 in the vehicle
If one grossly aggravating factor exists, a conviction will result in Level Two sentencing. If two grossly aggravating factors exist, sentencing will be Level One. If there are three or more grossly aggravating factors, sentencing will be Level One Aggravated. This is regardless of any mitigating factors that may exist.
Mitigating Factors
Mitigating factors are favorable circumstances, or those that work in the driver’s favor, when charged with a DUI offense. These factors may be used to balance out or outweigh aggravating factors and may result in less harsh sentencing. However, these factors cannot balance or outweigh grossly aggravating factors.
Mitigating factors include:
- When no BAC test is available and the driver only has a slight impairment
- A safe driving record before being charged with a DUI offense
- BAC at or below 0.09%
- Lawfully operating the vehicle other than DUI when charged
- Whether the impairment was caused by a prescription medication that was taken according to prescription instructions
- Voluntarily submitting for a mental health assessment
How These Factors Influence Sentencing
Grossly aggravating factors will automatically result in harsher sentencing if the driver is convicted. However, aggravating and mitigating factors can be used to balance or outweigh each other in determining the sentence.
Examples of how this may look in sentencing include:
- If the aggravating factors exceed the mitigating factors, the individual will likely be sentenced at Level Three
- If there are no aggravating or mitigating factors, or they balance each other out, the individual will likely be sentenced at Level Four
- If the mitigating factors exceed the aggravating factors, the individual is likely to be sentenced at Level Five
However, each DUI offense is unique, and individuals should be aware that the circumstances of their particular case may result in different sentencing if they are convicted. A DUI attorney with King Law Offices may be able to assist in finding evidence that reduces or dismisses the charges against you or negotiate with the prosecutor for a plea deal for other charges you may be facing as a result of the same arrest.
Penalties For 1st, 2nd, and 3rd DUI Offense
The specific penalties that a driver may face if convicted of a DUI offense will depend mainly on the particular circumstances of their case. For example, a driver who is convicted of their first DUI with a safe driving record and no harm to others will likely receive milder penalties than a driver convicted of their first DUI who had a minor in the vehicle or caused an accident that injured or killed another person.
1st DUI Offense
The specific details will depend on the sentencing level applied to the driver’s conviction. Most first-time offenders will be sentenced to Level Five; however, if any grossly aggravating factors apply, the driver may be sentenced to Level Two, Level One, or Level One Aggravated, depending on the number of grossly aggravating factors.
A first DUI conviction will typically result in:
- Fines of up to $200
- Jail time ranging from 24 hours to 60 days, which may be suspended
- One-year license suspension
- Mandatory alcohol assessment and treatment
- Ignition interlock device (IID) requirements
- Insurance premium increases
In some cases, the court may grant the driver a hardship license. However, this is not guaranteed. Drivers may find it easier to get a hardship license if they work with an experienced DUI attorney who understands North Carolina’s DUI laws and how to navigate the court system.
2nd DUI Offense
A second conviction for a DUI offense results in higher fines, longer license suspensions, and mandatory jail time, among other penalties. A second conviction will likely be sentenced at a minimum of Level Two, as the prior conviction would be a grossly aggravating factor requiring harsher sentencing. If other grossly aggravating factors are present, the driver may be sentenced at Level One or Level One Aggravated.
Penalties for a second DUI offense could include:
- Fines of up to $2,000 (for Level Two), $4,000 (for Level One), or $10,000 (for Level One Aggravated)
- License suspension of four years if second conviction is within three years of the first; suspension may be shorter if it has been more than three years
- Mandatory jail time of seven days to 12 months (Level Two), 30 days to 24 months (Level One), or 12 months to 36 months (Level One Aggravated)
- Potential vehicle forfeiture
- IID requirements
- Probation
- Mandatory alcohol or drug treatment
If the driver had a particularly high BAC level, they may also face enhanced consequences. While North Carolina law does not require drivers to have an attorney when facing DUI charges, drivers facing a second DUI offense may want to consider hiring one to help them understand the state’s DUI laws and the penalties they are facing, as well as assist them in defending against the charge.
3rd DUI Offense
If a driver is convicted of a third DUI offense within 10 years of their previous offenses, they are considered a habitual impaired driver under N.C.G.S. § 20-138.5. Third and subsequent offenses are Class F felonies. This comes with a criminal record upon conviction, as well as significant jail time, and several other penalties. Additionally, under the sentencing guidelines, each prior DUI conviction is a separate grossly aggravating factor. This means the driver would likely be sentenced at Level One if they have two prior convictions or Level One Aggravated if they have three or more prior convictions.
Penalties for a third DUI offense can include:
- A fine of up to $4,000 (Level One) or up to $10,000 (Level One Aggravated)
- Automatic sentence of at least one year in prison upon conviction, with additional prison time of up to two years (Level One) or three years (Level One Aggravated)
- IID requirements
- Probation
- Court costs and fees
- Mandatory alcohol education program
- Potential vehicle forfeiture
- Possible permanent license revocation without the option of limited driving privileges
Additional DUI Offense Consequences Beyond Court
While the penalties assigned by the court can be expensive and make life difficult for drivers convicted of a DUI offense, there are additional consequences that can be just as difficult, if not more so.
Motor Vehicle Insurance Policies
If convicted of a DUI offense, an individual may see increased insurance premiums. If the driver has more than one DUI, or their insurance provider is very restrictive, they may be notified that their policy is being canceled or will not be renewed at the end of the current term. When the driver seeks other insurance, their premiums will be higher. They may need to find an insurance company that specializes in coverage for high-risk drivers and DUI drivers specifically. Additionally, some drivers may be required to provide a DL-123 to the North Carolina Department of Motor Vehicles (DMV) as evidence that they have the required insurance coverage.
Employment and Housing
DUI convictions can impact the individual’s employment and housing options. For example, a commercial driver convicted of a DUI will likely lose their job, as most driving jobs require the individual to have a clean driving record with no DUI offenses. Even if an individual does not lose their current employment, a DUI offense conviction may limit the individual’s future employment options, particularly if the individual is convicted of three or more DUI offenses and therefore has a criminal record.
Housing options may also be limited after DUI convictions. Landlords often run background checks on potential tenants, which may show the DUI offense convictions. Additionally, if the individual’s employment options are limited, their income may be as well. This can narrow their options for renting and may also prohibit them from being able to get a loan to buy a home of their own.
Child Custody and Visitation
For divorced individuals who are convicted of a first, second, or third DUI offense, child custody and visitation may be impacted. This is particularly true in cases where the individual is convicted of two or more offenses, or when the other parent has already expressed concern to the court regarding the individual’s substance use. Convictions can be evidence that the other parent’s concerns were well-founded, or can be used on their own to make an argument that the children may not be safe in the individual’s care. They may lose custody, visitation may be supervised, or the individual may have restrictions placed on them, such as submitting to and passing a drug or alcohol test before the children are in their care or agreeing not to consume drugs or alcohol while the children are in their care.
College Admissions and Scholarships
College admissions and scholarships can be impacted by a DUI conviction. This is particularly relevant for drivers under 21 at the time of their conviction, but can be true for older drivers who decide to return to school as well. Some colleges or universities may not accept potential students who have one or more DUI convictions. Additionally, some professions may require disclosure of convictions or that the individual has no convictions, which may further limit the individual’s educational opportunities.
Social Stigma
There is a significant social stigma surrounding DUI offense convictions. If an individual is convicted, it may affect their reputation not only among their friends and family, but also their neighbors, co-workers, employers, and others in the community. If they work in a position of public trust and safety, such as a doctor or attorney, their business may be impacted.
DUI convictions are not eligible for expungement in North Carolina and may remain on the driver’s record indefinitely. This means that even years or decades after the driver has completed all the requirements of the court, and even if they never get convicted of another DUI, the conviction may remain visible and negatively impact employment, housing, education, and other parts of their life.
How a North Carolina DUI Attorney May Assist You
Being charged with a DUI offense does not necessarily mean the end of your life as you know it. With the assistance of a skilled attorney, you may be able to prove you were not intoxicated. An experienced attorney may also be able to assist you with finding defenses that could get the charges reduced or dismissed, including possible mistakes made by law enforcement at the time of the arrest. They may also be able to assist you with navigating the court’s requirements, requesting limited driving privileges, or requesting license reinstatement. Call King Law Offices at (888) 748-KING to arrange an initial consultation and review of your case.