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Exploring Alternative Sentencing and Diversion Programs for DWI Offenders in North Carolina

Always on Your Side in Moore County

A DWI charge in North Carolina is a serious matter that cannot be taken lightly. At Rowland & Yauger Attorneys & Counselors at Law, we believe in giving our full attention to our clients and building strong relationships from the day of hire. Call us for your detailed case evaluations at (336) 537-5547 (Asheboro) or (910) 621- 2991 (Carthage).

What is “Driving While Impaired?” in North Carolina?

Under North Carolina law, there is no difference between DUI and DWI. Driving a vehicle while affected by any substance, even legal medication, that affects your judgment and ability to drive is considered a DWI offense. North Carolina laws are strict and enforced, allowing law enforcement to take stringent measures to ensure road and driver safety. Along North Carolina roadways, you may encounter field sobriety checkpoints where you may be stopped for on-the-spot sobriety tests. Remember, there are stiffer penalties for repeated offenses. If you have been drinking, don’t get behind the wheel.

What Are the Penalties for a DWI violation

There are some things to know about the law in North Carolina:

  • If you are pulled over and you test with a Blood alcohol level of .08 or above, your license will be immediately revoked for a minimum of 30 days.
  • Refusing a field sobriety test carries a penalty of immediate revocation of your license for 30 days, followed by a one-year suspension.
  • North Carolina has a zero-tolerance policy for underage drunk driving. If you are under 21 and are arrested for a DWI, you will receive a DWI conviction.

The penalties for a DWI in North Carolina are strict:

  • Level Five is the least severe misdemeanor DWI charge in North Carolina. You will incur a fine of up to $200 and a minimum of 24 hours’ jail time to a maximum of 60 days.
  • Level Four has a fine of up to $500, plus a minimum of 48 hours of jail time to a maximum of 120 days.
  • Level Three – It becomes more severe at this level. The fines increase to a maximum of $1,000, plus a minimum jail sentence of 72 hours, up to a maximum of six months.
  • Level Two—At this level, aggravating factors like repeat DWIs, driving with a suspended license, driving with children in the car, or causing injuries to another person. Level two carries a maximum $2,000 fine plus seven days to a maximum of one year jail time.
  • Level One—This is the most severe level of misdemeanor DWI. It is punishable by a maximum $4,000 fine and 30 days to two years of jail time.

Note that all DWI convictions in NC result in revocation of your license for a minimum of 1 year. After that, you’ll be required to install an Ignition Interlock Device in NC for 1, 3, or 7 years, depending on how many DWIs you’ve had in the past seven years.

Are There Any Alternative or Jail Diversion Programs for DWI Offenders in North Carolina?

The attorneys at Rowland & Yauger have deep ties to Moore County. We’ve been part of this community for over 25 years. We understand that everyone makes mistakes and believes everyone deserves a second chance. We believe in community and hard work and will work diligently to defend your rights.

The state of North Carolina also believes in taking care of its people. There are a few programs available to help some who end up in the criminal justice system, rather than receiving the help they need. Jail Diversion programs are available to help provide community-based options for people with mental health issues or substance abuse issues (which may result in DWI offenses) rather than going to jail.

Jail diversion is not a free pass. There are strict requirements, and you must follow the program’s guidelines if accepted. Speak with a DWI attorney for more information if this is an option you would like to explore. We would be happy to discuss this with you further. Your future is worth fighting for. Don’t let one mistake rule your life.

How Can a DWI Attorney Help Me?

You must build a strong defense if arrested for a DWI. Our lawyers can help you do this. To build a strong defense, you need to know the answers to the following:

  • The state must prove that you were driving the car that was stopped.
  • Will the officer who stopped the vehicle remember you among all the other traffic stops he made that day/night.
  • Was the road on which you were stopped a state-maintained road?
  • The State must prove that your blood alcohol level was at .08% or higher when you were tested.
  • The State must be able to prove that your sobriety tests were administered properly.
  • Does the State prove your sobriety test results are accurate under your case’s specific circumstances?
  • Was the evidence provided by the State collected unconstitutionally or unlawfully?
  • Does the State prove beyond a reasonable doubt that you were driving while impaired?

When Should I Call a DWI Attorney?

An arrest is always frightening. It may feel like doors are closing all around you, but hope remains. With a skilled and knowledgeable DUI lawyer from Rowland & Yauger Attorneys & Counselors at Law on your side, you can avoid conviction or reduce the penalties. Don’t let one mistake define your life. 336-537-5547 (Asheboro)| 910-621- 2991 (Carthage), schedule your strategy session today.

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