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Being charged with driving under the influence can have serious consequences on your life. Unlike other traffic violations, jail time, expensive fines, and probation are all possibilities, even for first-time offenders. Whether you have a criminal history already or this is your first criminal charge, hiring a criminal defense lawyer is the best way to fight DUI or DWI charges.
At Rowland & Yauger, Attorneys & Counselors at Law, our DUI and DWI lawyers have extensive experience protecting clients from criminal penalties. We are committed to creating a solid legal defense strategy to protect you from severe punishments. If you want to protect your rights and your freedom after being charged with a DWI, contact our team today at 910-621-2991 (Carthage) or 336-537-5547 (Asheboro).
How Does North Carolina Define DWI (or DUI)?
In North Carolina and around the country, driving under the influence refers to operating a motor vehicle with a blood alcohol content (BAC) above 0.08%. Driving under the influence of alcohol is often referred to as “DUI.” However, if you are driving under the influence of any substance that impacts the normal control of your mental or physical faculties, you can be charged with driving under the influence.
North Carolina recognizes a charge called “DWI.” DWI stands for driving while impaired. The term was created to avoid confusion about driving under the influence and its reference to alcohol. If you are found driving under the influence of drugs that impact your ability to control a vehicle, you could be charged with a DWI.
Even if the drugs you take are prescribed by a doctor, you could still be charged with a DWI if you are found to be impaired. All drivers on the road have a duty to maintain the safety of themselves and those around them. You can even be charged with a DWI if you become impaired accidentally, like after taking a new prescription.
To be charged with impaired driving, the court must prove one of these three things:
- You operated a vehicle in North Carolina while under the influence of an impairing substance.
- You have a BAC of 0.08% or higher while driving.
- You have any amount of a Schedule I controlled substance in your bloodstream.
What Are the Potential Consequences of a DWI or DUI?
DUI penalties depend on your charges and your prior criminal history. Misdemeanor offenses generally carry fewer penalties, while felony offenses carry more severe penalties. Aggravating factors, like your BAC level and whether or not you caused an accident on the road, may also impact your consequences.
The potential consequences of a DWI include:
Level V
Fines up to $200 and 24 hours to 60 days in jail. If a judge suspends your sentence, you must spend at least 24 hours in jail or complete 24 hours of community service.
Level IV
Fines up to $500 and 48 hours to 120 days in jail. If a judge suspends your sentence, you will be required to complete 48 hours of community service.
Level III
Fines up to $1,000 and 72 hours to six months in jail. You may also be required to complete 72 hours of community service.
Level II
Fines up to $2,000 and 7 days to one year in jail. If a judge suspends your sentence, you will be required to complete inpatient treatment for substance abuse.
What Are the Potential Defenses for a DWI or DUI?
DWI charges are serious and can lead to lasting criminal penalties. If you have been charged with a DWI or DUI, it is essential to work with a team of criminal defense lawyers for the best possible outcome. Your specific defense will depend on the nature of your charges and detainment.
The most common DWI defenses include:
Miranda Rights Violation
Police officers are required to read you your rights if you are arrested. If you were not informed of your rights, our firm can argue that the case against you is unlawful.
Lack of Probable Cause
Prosecutors must be able to prove that you were showing signs of driving under the influence before your traffic stop. Traffic violations like speeding, swerving, and excessive braking are often signs of inebriated driving.
Improper Field Sobriety Tests
Field sobriety tests are used to test your level of intoxication. These tests must be performed with regulated procedures. If an officer performed your test incorrectly, our team can argue that your arrest and detainment were improper.
Can a DWI or DUI Attorney Help Me?
Unlike traffic tickets and other violations, getting a DWI can lead to severe criminal penalties. Having a criminal record can impact the rest of your life, leading to difficulties finding a job and securing housing. A criminal defense lawyer on our team can create a defense strategy to reduce or even remove the charges you are facing.
Our lawyers at Rowland & Yauger, Attorneys & Counselors at Law would be happy to represent you in any DWI matter. For more information about our team, call 910-621-2991 (Carthage) or 336-537-5547 (Asheboro) today.