Mocksville DWI Lawyer

Mocksville DWI Attorney

Driving while impaired (DWI) is taken very seriously in North Carolina. If you get a DWI, not only are you at risk of serving jail time or paying fines, but a DWI conviction stays on your record permanently. Therefore, if you are arrested or charged with a DWI, you should hire a Mocksville DWI lawyer to defend your case.

What Are the DWI Laws in North Carolina?

In North Carolina, a person is considered to be driving while impaired if their blood alcohol concentration (BAC) is 0.08 or above. The BAC for commercial drivers is lower at 0.04. While the consequences for all impaired drivers are significant, repeat offenders receive the harshest consequences. To prove the person’s blood alcohol concentration, a chemical analysis is performed using a breathalyzer test.

Impaired driving includes a person driving on any road, street, or highway while under the influence of alcohol or controlled substances. Even prescription medications can impair a person’s ability to drive, so it is important to use them cautiously.

What Is the Implied Consent Law in North Carolina?

The implied consent law in North Carolina states that drivers automatically consent to a chemical test if they are arrested for impaired driving, vehicular manslaughter, or any other alcohol-related or drug-related offenses. The driver has a right to refuse the test, but the consequence is having their driver’s license revoked. It is also important to note that refusing the test may be used against you in court.

What Are the Consequences of a DWI?

In North Carolina, there are six levels of DWI offenses. Aggravated Level I is the most serious offense, and level V is the least serious. A brief description of each level can be found below:

• Aggravated Level I: Aggravated Level I DWI offenders are generally repeat offenders. The punishment for an Aggravated Level I offender is a fine of up to $10,000$4,000and a jail sentence of up to 3 years. .
• Level I: Level I DWI offenders are sometimes repeat offenders. The punishment for a Level I DWI offender is a fine of up to $4,000 and a jail sentence of up to 2 years.
• Level II: Level II DWI offenders are sometimes repeat offenders. The punishment for a level II offender is a fine of up to $2,000 and a jail sentence between 7 days and one year.
• Level III: Level III DWI offenders are not typically repeat offenders. The punishment for a Level III offender is a fine of up to $1,000 and a jail sentence between 72 hours and six months.
• Level IV: Level IV DWI offenders may have to pay a fine of up to $500 and serve between 48 hours to 120 days in jail.
• Level V: Level V DWI offenders may have to pay a fine of up to $200 and serve between 24 hours and 60 days in jail.

Other consequences include being required to enroll in a substance abuse program or having to use an ignition interlock system. If you are charged with a DWI felony your consequences may be more severe. For example, Aggravated Felony Death by Vehicle is punishable by 38 to 204 15 to 480 months in jail, depending on the circumstances.

How Can a Lawyer Help Me?

Your lawyer is an invaluable resource if you are facing DWI charges in Mocksville. Besides jail time and fines, a DWI stays on your record permanently, and your license will be suspended. Your lawyer can negotiate your jail time and fines or even get your case dismissed. For Aggravated Level I, Level I, and Level II offenses, there is a minimum sentence cannot be suspended, but for Level III, IV, and V offenses, they can be suspended under certain circumstances.

FAQs

Can a DWI Be Reduced in North Carolina?

No. There are no lesser included offenses for DWI in North Carolina.

What Is the Penalty for a DWI in North Carolina?

The penalty for a DWI in North Carolina depends on the nature of the offense. The penalty for Aggravated Level I and Level I offenses are the most severe. A person can pay fines of up to $10,000 and spend up to 3 years in jail for the most severe offense. Additionally, they will have the crime on their permanent record, will have their license suspended, and will have to enroll in a substance abuse treatment program.

What Are the Chances of Getting a DWI Dismissed?

The chances of getting a DWI dismissed in North Carolina are slim but not impossible or uncommon. Your chances of getting your DWI dismissed depend on your lawyer’s ability to build a solid legal defense of your case. This all centers around the evidence presented. If your lawyer can successfully challenge the evidence against you, you may be able to get your case dismissed.

How Long Does a DWI Stay on Your Record in North Carolina?

A DWI stays on your record permanently and indefinitely in North Carolina if you are convicted. Convicted means you were found guilty of the crime by a judge or jury. The only way to get a DWI off of your record in North Carolina is if you are found not guilty or your case in dismissed. This is dependent upon several factors, including your lawyer’s skill and experience.

Contact an Experienced DWI Lawyer Today

Having a DWI on your record can impact your ability to obtain employment, housing, or other opportunities. Additionally, you may have to serve jail time, pay fines, or have your license suspended or revoked. At LAWSMITH, The Law Offices of J. Scott Smith, PLLC, we have a long history of defending clients who face DWI charges, and we would be happy to defend you as well. Contact us today for a consultation and to learn more about your options.