At Wilson, Reives & Silverman, we understand that the stakes are high, and are prepared to fight your charges. Here you’ll get effective legal counsel from DWI lawyers you can trust.
What are the Blood Alcohol Count (BAC) laws for DUI/DWI?
The State of North Carolina prohibits the operation of a motor vehicle by any driver with a .08 percent or above blood alcohol concentration (BAC). The .08 percent limit is the standard benchmark across the United States for the “impaired” driver.
If you’re a commercial driver, it only takes a BAC of .04 to qualify as DUI/DWI.
If you are under the age of 21, know that North Carolina has a zero tolerance policy. If you’re a minor convicted of driving with any amount of drugs or alcohol in your system, you may have your driver’s license suspended for 1 year.
How is a DWI charge calculated North Carolina?
North Carolina’s sentencing procedures for driving while impaired is complex. There are five levels for each offense, and each of those levels has a distinctive factor and standard.
A judge will consider the aggravating and mitigating factors and make a ruling on the DWI offender using the following outline:
First, if aggravating factors substantially outnumber mitigating factors, the judge may sentence a Level 3 Punishment.
Then, if there are no aggravating or mitigating factors, or if the two factors are balanced, the judge may sentence a Level 4 Punishment.
Finally, if the mitigating factors substantially outnumber aggravating factors, the judge may sentence a Level 5 Punishment.
What are Grossly Aggravating Factors?
• Prior DWI conviction within 7 years
• DWI while license is suspended for a previous DWI
• Serious injury to another person while DWI
• Child under 18 in vehicle while DWI
If one of these factors is present when you’re arrested for a DWI, the judge may sentence a Level 2 Punishment.
If two of these factors are present, the judge may sentence a Level 1 Punishment.
What are Aggravating and Mitigating Factors?
Aggravating Factors – these can hurt your case:
• BAC of .15 or above
• Reckless driving or an accident
• Driving with a revoked license
• Prior DWI convictions
• Speeding while attempting to elude officers
• Speeding 30 MPH over the legal limit
• Passing a school bus illegally
Call (919) 775-5653 or contact us and set up a consultation to speak with one of our experienced DWI lawyers about your case.
Mitigating Factors – these can help your case:
• Slight impairment where test was unavailable
• Safe driving record
• BAC did not exceed .09
• Driving lawfully (except for impairment) at time of offense
• Impaired by prescribed dosage of a legal medication
• Voluntary submission to a mental heath facility for assessment
How can a DWI lawyer help my case?
Conviction in a DWI case carries serious penalties that can damage your life and your professional reputation. Bringing a DWI lawyer to help you can only benefit your case.
All DWIs can’t be won. But many DWI cases can be won—especially in the following cases:
• In cases where police may have difficulty proving impairment
• In cases where there was an accident or an inability of the officer to prove the person was the driver
• In cases where the blood or chemical analysis results are relatively low, or were improperly performed
Even if you cannot win the case, there is much room for an experienced attorney to lessen the impact on both your freedom and your ability to drive.
It’s time to speak with a lawyer
DWI cases can have life-long consequences. Choosing the right DWI lawyer can make a serious difference in your outcome, the level of your punishment, its repercussions and your overall experience.
The DWI lawyers at Wilson, Reives & Silverman are here to provide you with trusted, effective and experienced legal counsel. We’re ready to fight for you to receive the most favorable outcome in your case, so you can move forward with your professional and personal life.