While traffic laws in general, including DWIs, don't change very often, there are precedents set every once in a while that change how charges are handled and how punishment is dealt. Just like there are plenty of ways for a criminal defense attorney to defend a DWI case, there are just as many ways to find yourself facing a life-changing conviction. A good attorney will certainly know what factors will come into play from both sides, but when you're facing large fines, sky-high insurance premiums and the potential of losing your license, you'll want to be in-the-know as much as possible. Getting Up to Speed with DWIs in North Carolina The North Carolina Department of Public Safety is a great place to learn about DWI laws without all the "legal lingo." Here are the highlights: There are five levels of DWI in North Carolina
- Level 5 - 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 spends 24 hours in jail, performs 24 hours of community service or not operate a vehicle for 30 days.
- Level 4 - Punishable by a fine up to $500 and a minimum jail sentence of 48 hours and a maximum of 120 days. A judge can suspend the sentence but upon completion that the driver spends 48 hours in jail, perform 48 hours of community service or not operate a vehicle for 60 days.
- Level 3 - Punishable by a fine up to $1,000 and a minimum jail sentence of 72 hours and a maximum of six months. A judge can suspend the sentence only upon completion that the driver spends at least 72 hours in jail, perform 72 hours of community service or not operate a vehicle for 90 days.
- Level 2 - Punishable by a fine up to $2,000 and a minimum jail sentence of seven days and a maximum of one year. A judge CANNOT suspend the minimum sentence.
- Level 1 - Punishable by a fine up to $4,000 and a minimum jail sentence of 30 days and a maximum of two years. A judge CANNOT suspend the minimum sentence.
Level 1 and 2 drivers are repeat offenders, drivers whose licenses are revoked, impaired drivers with children as passengers and impaired drivers who injure someone in an accident. Felony DWI, Seizure and Underage Impaired Drivers Felony DWI There are certain times when you must have a criminal defense attorney to protect you and facing Felony DWI charges is definitely one of those times. For habitual DWI offenders, drivers who have been convicted of three or more DWIs within 10 years, the fines and penalties are far greater than the misdemeanor DWI consequences outlined above. The Habitual DWI statute now mandates a minimum active jail term of one year and the sentence can't be reduced by a judge. Seizure and Forfeiture of Vehicles The Governor's DWI Initiative in North Carolina means habitual DWI offenders can have their car seized and donated to the local school system to do with as they see fit. Under this new provision, a law enforcement officer can seize a driver's car if the officer charges the driver with DWI while the driver's license was revoked because of a prior impaired driving offense. It's important to know that the seizure happens at the time of the arrest and not after the case has gone to trial. Underage Offenders North Carolina takes a zero-tolerance stance against drivers who are under the legal drinking age of 21 and are convicted of driving while impaired. Any amount of alcohol will result in an immediate 30-day pretrial license revocation and a one-year revocation upon conviction. If an underage drinking driver refuses to take a breathalyzer, she can be convicted of driving after drinking based on the smell of alcohol on her breath alone. An experienced defense attorney can help you minimize the consequences of a DWI conviction. Why take the risk of losing your license, your car and a large sum of money when you can call The Law Offices of Jason H. Reece in Charlotte at 704-714-8888 or fill out this contact form for a free consultation?
