Arrested for drunk driving in North Carolina (NC) – Drunk Drivers (2024)

FAQs

Arrested for drunk driving in North Carolina (NC) – Drunk Drivers? ›

A charge of Driving While Impaired in North Carolina can result in an immediate thirty-day revocation of your driving privilege. . .just for being charged. After the arrest, a Pre-Trial Limited Driving Privilege may be obtained in certain circ*mstances. We will prepare it for you as part of our legal representation.

Level V: Punishable by a fine up to $200 and a minimum jail sentence of 24 hours and a maximum of 60 days. A judge can suspend the sentence but upon completion that the driver spend 24 hours in jail, perform 24 hours of community service or not operate a vehicle for 30 days.

When a police officer slaps you with a DUI/DWI, your license can be suspended as part of the immediate administrative license suspension. This can happen right after your arrest or later, following a conviction. Each situation is unique, and the duration of suspension varies.

Most North Carolina BUIs are class 2 misdemeanors. The sentence a court can impose depends on the offender's criminal history. But generally, North Carolina BUI offenders face $250 to $1,000 in fines and a maximum of 60 days in jail.

If found guilty of a level three DWI, for a second offense DWI in NC, you face the following penalties: Fines of up to $1,000. Three days to six months in jail. If the term of imprisonment is suspended, you will be required to perform at least 72 hours of community service and serve 12 months of probation.

Jail Time for a 1st North Carolina DWI

Here are the possible jail times corresponding to offense level: Level V: 24 hours to 60 days. Level VI: 48 hours to 120 days. Level III: 72 hours to six months.

Both terms refer to operating a vehicle while affected by any substance—alcohol, marijuana, and even legal medications if they affect your ability to drive. And in the eyes of the North Carolina legal system, there is no difference between the terms “DUI” and “DWI.”

After 10 days, you will be eligible for a pretrial limited driving privilege. A limited driving privilege in North Carolina will allow you to drive for certain purposes at certain times. You may drive for: Work or School.

You must pay the filing fee for your petition and the $100 LDP fee. You will also need proof that you have automobile insurance and documentation of your need to drive, such as your employment or school schedule. If the judge grants your petition, he will issue an order granting you the privilege to drive.

License Restoration After a DWI Conviction

You must apply with the North Carolina Department of Motor Vehicles (NCDMV) to have your license restored and pay a license restoration fee of $140.

Can a DUI be dismissed in NC? ›

Depending on the circ*mstances of your situation, how an officer collects evidence, and how breath and blood tests are administered and processed, the charges against you can be dismissed or penalties reduced if you've never had a DWI before.

First-time DUI offenders will likely face misdemeanor criminal charges unless there are extenuating circ*mstances such as causing an accident or having a child in the car. In most cases, offenders will have their licenses suspended and be sentenced to probation. Drug and alcohol counseling may be required.

Although a DWI charge will not be reduced in North Carolina, if you a charged with multiple crimes along with your DWI an experienced attorney can negotiate with the prosecutor to have those charges dismissed pursuant to a plea.

If you refused the breathalyzer test at the time of your arrest, the North Carolina Department of Motor Vehicles (DMV) will automatically suspend your license for 30 days. No matter the outcome of your case, it is likely that the administrative suspension will be extended to one full year for a first-time DWI.

Misdemeanor DUI convictions stay on your record for seven years, whereas the lookback period for felony DUI is ten years. DUI convictions cannot be expunged from your record in North Carolina and will stay on your record for the length of the lookback period.

3.- DWI Consequences Depend on the Severity of the DWI

Level V is the least sever type of DWI, punishable by up to a $200 fine and up to 60 days imprisonment at the judge's discretion. An Aggravated Level One DWI is the most sever type of DWI, punishable by up to a $10,000 fine and up to 36 months imprisonment.

The ability to have your DWI case dismissed depends on a few critical factors, such as your past criminal record, any previous DWIs, why the police stopped your car, and how the police handled your stop. A skilled lawyer will investigate why the police officer stopped your vehicle when taking on your case.

Step by Step NC DWI Process

Field Sobriety Tests and hand-held Breathalyzer. Officer determines whether to have you go to the police station for a breath test. If charged – arrested; then either go home on “own recognizance” or to jail. Lose a driver's license for 30 days – Civil Revocation.