When facing a DWI charge, it’s important to understand the law and your rights. In North Carolina, a DWI charge is a criminal offense and can lead to jail time, fines, fees, and a license suspension. Additionally, once you are convicted of DWI, you can expect higher insurance premiums and a criminal record that will follow you for years.
How Is DWI Defined in North Carolina?
In North Carolina, DWI stands for “Driving While Impaired.” A DWI charge can be brought against any driver found to be driving under the influence of alcohol, drugs, or a combination of the two. The legal blood alcohol content (BAC) limit for a DWI in North Carolina is 0.08%. Anything above that amount can result in a DWI charge.
It is important to note that DWI and DUI (Driving Under the Influence) are two separate offenses in many states. However, North Carolina combined the two terms to simplify the charging process. Both terms are now under the singular DWI offense.
How Is a DWI Charged?
In order for a DWI charge to be brought, a law enforcement officer must have probable cause to believe that the driver is impaired. This can be based on the officer’s observations or field sobriety test results. If the officer believes the driver is impaired, they may administer a breathalyzer test or a blood test to check for the presence of alcohol or drugs.
If the results of the test show that the driver’s BAC is above the legal limit, then the officer can charge the driver with a DWI. The driver can also be charged with a DWI even if the BAC is below the legal limit if the officer believes the driver is impaired by drugs or alcohol.
What Are the Penalties for a DWI Conviction?
Anyone caught driving under the influence of alcohol or drugs in the state of North Carolina will face severe consequences. The law stipulates that such an offense can be punishable by a hefty fine of up to $500 and a minimum jail sentence of two days and a maximum of four months.
In some instances, a judge may suspend the sentence. But, they may also require that the driver serve two days in jail, perform two days of community service, or refrain from driving for two months.
It is essential to note that these penalties can be further enhanced if any additional crimes or infractions occur. Additionally, a DWI conviction can result in higher insurance premiums and a criminal record that can affect your ability to find employment.
How Can I Defend Against a DWI Charge?
If you have been charged with a DWI, it is important to contact an experienced DWI defense attorney as soon as possible. An experienced DWI defense attorney can review the facts of your case and develop a defense strategy that is tailored to your specific situation.
Common defense strategies include:
Challenging the Legality of the Traffic Stop
This defense typically involves arguing that the police officer did not have reasonable suspicion or probable cause to make the traffic stop. Reasonable suspicion is a legal term that requires the police officer to have specific facts or observations that suggest criminal activity is afoot.
Probable cause is a higher standard that requires the officer to have facts or observations which would lead a reasonable person to believe criminal activity has been, is being, or is about to be committed. If the police officer does not have reasonable suspicion or probable cause to make a traffic stop, then any evidence collected as a result of that stop may be excluded from the case.
Challenging the Accuracy of the Breathalyzer or Blood Test
This defense typically involves an argument that the results of the test are unreliable or inaccurate because the test was not administered correctly or the machine was not properly maintained or calibrated. In some cases, the defense may also include evidence that the driver was not impaired at the time of the test, such as video footage or witness testimony.
Arguing That the Test Results Were Affected by a Medical Condition
This defense involves an argument that a medical condition, such as acid reflux or diabetes, caused the driver’s blood alcohol content to be higher than it actually was at the time of the test. This defense may be supported by evidence from a medical professional, such as a doctor’s testimony or medical records.
Arguing That the Officer Did Not Have Probable Cause to Administer the Test
This defense typically involves an argument that the police officer did not have enough facts or observations to support a reasonable belief that the driver was under the influence of alcohol or drugs. This defense may be supported by evidence such as witness testimony or video footage of the traffic stop.
Arguing That the Officer Did Not Follow Proper Protocol
This defense involves an argument that the police officer did not follow proper protocol when administering the test or collecting evidence. This defense may be supported by evidence such as witness testimony or records of the police officer’s training.
Presenting Evidence of the Driver’s Good Character
This defense involves presenting evidence of the driver’s good character, such as testimony from friends, family, or coworkers, to show that the driver is generally law-abiding and unlikely to have committed the offense. This defense may also include evidence of the driver’s past accomplishments, such as awards or commendations, to demonstrate their good character.
Get DWI Defense Representation From the King Law Lawyers in Winston-Salem
Just because you’ve been arrested and charged with a DWI doesn’t mean you have to face the consequences alone. With the help of an experienced DWI defense lawyer from King Law, you can fight the charges and work to protect your future. Our legal team has a proven record of success in DWI defense cases, and we understand the complexities of the laws and regulations surrounding drunk driving charges.
We can help you to understand the charges you are facing and the potential consequences so that you can make informed decisions about your case. We are also dedicated to providing the highest level of personalized legal representation, and we will work diligently to ensure that your rights are protected throughout the entire legal process. Please call us at (888)748-5464 or (888) 748-KING to arrange a consultation, or fill out our contact form to learn more about our services.