If you are convicted of Driving While Impaired (DWI) in North Carolina, the Division of Motor Vehicles will automatically suspend your driver’s license for at least one year. However, that doesn’t mean you won’t be able to drive during that time. A Limited Driving Privilege is an order from a judge allowing you to drive during certain hours and for certain limited purposes. It supersedes DMV’s revocation of your driver’s […]Read More
Sentencing Factors in a DWI Case in North Carolina
If you are convicted of DWI in North Carolina, the judge will put you into one of six levels of various aggravating factors. Your sentencing level depends on the existence of statutorily defined mitigating, aggravating, and/or grossly aggravating factors. Below is a list of those factors: MITIGATING FACTORS of DWI in North Carolina (N.C.G.S. § 20-179(e))* Slight impairment of the defendant’s faculties resulting solely from alcohol, and an alcohol concentration that did […]Read More
I Blew Over alcohol 0.08. Will I Be Convicted of DWI in North Carolina?
Not necessarily. To establish a prima facie case for Driving While Impaired in North Carolina, there are several elements that the State has to prove. Specifically, it must prove that you (1) drove (2) a vehicle (3) on a street, highway, or public vehicular area (4) while impaired. In North Carolina, blowing a 0.08 or higher creates a rebuttable presumption that you were impaired. However, it does not affect elements 1-3. There […]Read More
What is the punishment for a DWI in NC?
Driving While Impaired is a misdemeanor in North Carolina. It has its own sentencing scheme and Structured Sentencing does not apply. The punishments for DWI in North Carolina are laid out in N.C.G.S. § 20-179. There are six different levels of DWI in North Carolina, ranging from Level 5 (lowest) to A1 (highest). A defendant’s level depends upon the existence of and weight assigned to certain statutorily defined aggravating, grossly aggravating, […]Read More
What are the elements of DWI in North Carolina?
“Two all-beef patties, special sauce, lettuce, cheese, pickles, onions on a sesame seed bun.” Do you know what I’m talking about? (For all the millennials out there who are too young to remember that jingle: those are the ingredients for a McDonald’s Big Mac). Let me ask you this: if you have all of those ingredients, but you don’t have any special sauce…do you have a Big Mac? I would […]Read More