In 1957, Kirk, Kirk, Howell, Cutler & Thomas began providing residents of North Carolina with legal service and counsel. Over the past several decades, North Carolina has changed the laws related to impaired driving numerous times, tightening enforcement and increasing penalties.
In 2015 alone, North Carolina law enforcement handed out more than 22,000 citations for drivers accused of operating vehicles under the influence of drugs or alcohol. If you’ve been cited or arrested for driving while impaired, a DWI attorney in Raleigh can help you understand your options and begin preparing your defense. Taking action early can make a meaningful difference in how your case is handled and what options may be available.
The acronyms DWI/DUI are commonly interchanged to describe the charge of impaired driving, but since 1983 the Safe Roads Act officially defines operating a vehicle after consuming drugs or alcohol as “driving while impaired,” or DWI.
What to Do After a Raleigh DWI Charge
Being charged with a DWI can feel overwhelming, but it does not mean the outcome is already decided. A DWI lawyer in Raleigh can review the details of the stop, the testing process, and the evidence to identify potential issues and determine the best path forward.
Speaking with a Raleigh DWI attorney early gives you the opportunity to understand your rights, protect your license when possible, and prepare for what comes next.
How Impairment Is Determined in a North Carolina DWI Case
The standard method for determining a driver’s level of intoxication is by testing blood alcohol concentration (BAC) using either a breathalyzer or blood test. The State can attempt to prove impairment through chemical testing or by showing appreciable impairment of a person’s mental or physical faculties.
A DWI defense attorney can review how this evidence was collected and determine whether proper procedures were followed.
North Carolina BAC Limits for DWI Charges
- 21 and older – .08%
- Under 21 – any measurable amount
- Commercial drivers (CDL) – .04%
- Prior DWI – .04%
What Happens After a DWI Charge in North Carolina
In North Carolina, drivers who are cited for a DWI may face both administrative and criminal penalties. However, every case is different, and there may be opportunities to challenge how the stop or evidence is presented.
License Suspensions After a North Carolina DWI
Most DWI arrests result in an automatic 30-day suspended license with the possibility of a pre-trial limited driving privilege 10 days after being charged.
A driver who refuses a chemical test, regardless of reason, will have their license suspended immediately, pending a hearing with the NC DMV. If the hearing officer determines there was a willful refusal, the driver is subject to a 1-year suspension. A DWI conviction may also result in increased car insurance rates.
A DWI attorney in Raleigh can help you understand your options for protecting or restoring your driving privileges.
Criminal Penalties in a North Carolina DWI Case
The criminal penalties in a DWI case depend on how the court weighs mitigating, aggravating, and grossly aggravating factors, along with the specific facts involved.
How these factors apply can vary from case to case, and a DWI defense attorney can help present the strongest possible position based on the facts.
Grossly Aggravating Factors
These are factors that, if present, can lead to more severe penalties.
- Prior DWI conviction if:
- Within 7 years of the current offense date
- Conviction occurs after the date of present offense, but prior to or contemporaneous with the present sentencing, OR
- Conviction occurred in district court, case was appealed to superior court, the appeal was withdrawn or case was remanded, and new sentencing hearing was not held
- Driving while license is currently revoked for an impaired driving offense
- Serious injury to another person caused by the impaired driving
- Driving with a child under 18, a person with the mental development of a child under 18, or a person with a physical disability preventing an unaided exit from the vehicle
Aggravating Factors
These are factors that can lead to more severe penalties of punishments for driving while under the influence.
- Gross impairment, as evidenced by a BAC of .15% or higher
- Especially reckless or dangerous driving
- Driving while license revoked
- Two or more prior convictions for which at least 3 points are assigned or for which a person’s license is subject to revocation, if the convictions occurred within the past 5 years
- One or more prior DWI conviction outside of 7 years
- Conviction of speeding while fleeing or attempting to elude apprehension
- Conviction of speeding at least 30 MPH over legal limit
- Passing a stopped school bus
- Any other factor that aggravates the seriousness of the offense
Mitigating Factors
A mitigating factor, also known as an extenuating circumstance, is information or a factor that can reduce charges or lessen criminal penalties.
- Slight impairment resulting solely from alcohol, as evidenced by a BAC of .09% or less
- Slight impairment resulting solely from alcohol, with no chemical analyst having been available
- Safe and lawful driving except for impairment
- Safe driving record (no convictions for any motor vehicle offense for which 4 points are assigned or for which a person’s license is subject to revocation within 5 years)
- Impairment caused primarily by a lawfully prescribed drug for an existing medical condition taken within the prescribed dosage
- Voluntary submission to a mental health facility for assessment and voluntary compliance with treatment
- Substance abuse assessment and compliance with recommended treatment, and maintaining 60 days of continuous abstinence from alcohol consumption, as verified by CAM
- Any other factor that mitigates the seriousness of the offense (i.e., polite and cooperative with law enforcement officers or an honorable discharge from the military)
A DWI defense attorney in Raleigh can present mitigating factors clearly and challenge aggravating allegations so the court weighs the evidence fairly.
North Carolina DWI Punishment Levels
Level 5 DWI
Imposed when mitigating factors substantially outweigh any aggravating factors OR if convicted of aiding and abetting a DWI
- Fine: up to $200
- Imprisonment; 24 hours -60 days
- May be suspended for a probationary sentence to include 24 hours of imprisonment or 24 hours of community service, plus a substance abuse assessment and compliance with a recommended treatment
Level 4 DWI
Imposed when no aggravating or mitigating factors are found OR when the aggravating factors are substantially counterbalanced by mitigating factors
- Fine: up to $500
- Imprisonment: 48 hours -120 days
- May be suspended for a probationary sentence to include 48 hours of imprisonment or 48 hours of community service, plus a substance abuse assessment and compliance with a recommended treatment
Level 3 DWI
Imposed when aggravating factors substantially outweigh any mitigating factors
- Fine: up to $1000
- Imprisonment: 72 hours – 6 months
- May be suspended for a probationary sentence to include 72 hours of imprisonment or 72 hours of community service, plus a substance abuse assessment and compliance with a recommended treatment
Level 2 DWI
Imposed if a child under 18, a person with the mental development of a child under 18, or a person with a physical disability preventing an unaided exit from the vehicle is NOT in the vehicle AND only one other grossly aggravating factor applies
- Fine: up to $2,000
- Imprisonment: 7 days – 12 months
- May be suspended for a probationary sentence to include at least 7 days of imprisonment OR to abstain from consuming alcohol for at least 90 days, as verified by CAM, plus a substance abuse assessment and compliance with a recommended treatment
- If there is pre-trial CAM monitoring, up to 60 days may be credited toward the 90-day requirement for probation
- May be suspended for a probationary sentence to include at least 7 days of imprisonment OR to abstain from consuming alcohol for at least 90 days, as verified by CAM, plus a substance abuse assessment and compliance with a recommended treatment
- If the grossly aggravating factor of a prior DWI or DWLR-impaired within 5 years is found and the judge suspends the active sentence and imposes abstention of alcohol consumption, as verified by CAM, the judge must also include 240 hours of community service as a special condition of probation
Level 1 DWI
Imposed if a child under 18, a person with the mental development of a child under 18, or a person with a physical disability preventing an unaided exit from the vehicle IS in the vehicle OR two other grossly aggravating factors apply
- Fine: up to $4,000
- Imprisonment: 30 days – 24 months
- May be suspended for a probationary sentence to include at least 30 days of imprisonment, plus a substance abuse assessment and compliance with a recommended treatment
- Judge may reduce the term of imprisonment to 10 days if CAM is imposed as a special condition of probation to verify alcohol consumption abstention for a period of 120 days (up to 60 days of pre-trial CAM monitoring may be credited toward the 120-day requirement for probation)
- May be suspended for a probationary sentence to include at least 30 days of imprisonment, plus a substance abuse assessment and compliance with a recommended treatment
If Level 1 or 2 punishments are imposed, the judge may require abstaining from alcohol for a set period as a condition of probation, verified by CAM.
Aggravated Level 1 DWI
Imposed if three or more grossly aggravating factors apply
- Fine: up to $10,000
- Imprisonment: 12 months – 36 months
- Not eligible for parole but may be released 4 months prior to maximum term imposed for post-release supervision and must abstain from alcohol consumption during post-release supervision, as verified by CAM
- May be suspended for a probationary sentence to include at least 120 days (or for the entire probationary period), as verified by CAM, plus a substance abuse assessment and compliance with a recommended treatment
The level of punishment in a DWI case depends on how the court evaluates the specific facts. A DWI lawyer in Raleigh can help identify mitigating factors, challenge the State’s case, and work toward a more favorable outcome where possible.
Losing Your License After a North Carolina DWI
If you are convicted of a DWI, there is a minimum mandatory license revocation period of one year. However, if sentenced at a level 3, 4, or 5, you may be eligible for a limited driving privilege (LDP) if, at the time of the offense, you held a valid license or one that had been expired for less than a year. If a driver convicted of a DWI had a BAC of .15% or higher, the LDP will include a requirement for ignition interlock.
Having a DWI defense attorney in Raleigh who can advocate for your driving privileges can make a difference when you still need to get to work, handle daily responsibilities, and keep life moving.
In some cases, there may be options to seek limited driving privileges or work toward restoring your license, depending on the circumstances of your case.
Other Criminal Defense Charges We Handle
Our criminal defense attorneys are able to represent you for a variety of charges, including:
- Assault
- Child Support
- Drug offenses
- Embezzlement
- Expungement
- Gun Rights Restoration
- Hunting Violations
- Juvenile offenders
- Manslaughter
- Murder
Frequently Asked DWI Questions
How is impairment determined in a North Carolina DWI case?
Law enforcement may use a breathalyzer or blood test to check blood alcohol concentration (BAC). They can also try to show that your driving or behavior was impaired. A DWI defense attorney in Raleigh can review how that evidence was collected and whether everything was handled properly.
What happens after a DWI charge in North Carolina?
After a DWI charge, you may be dealing with both license-related issues and a court case. Every situation is different, and a DWI lawyer in Raleigh can help you understand what to expect and what options may be available moving forward.
Will I lose my license after a DWI in North Carolina?
Most DWI charges come with an automatic 30-day license suspension. In some cases, you may qualify for limited driving privileges depending on your situation. A Raleigh DWI attorney can help you understand your options for keeping or restoring your driving privileges.
Can a DWI charge be reduced or challenged?
Whether a DWI charge can be reduced or challenged depends on the details of your case. Factors such as how the stop was conducted, how testing was handled, and other circumstances can all play a role.
A DWI defense attorney in Raleigh can review your case, identify potential issues, and determine whether there are grounds to challenge the evidence or work toward a more favorable outcome.
Speak With a DWI Attorney in Raleigh & Wendell
A DWI charge is serious, but it does not automatically determine the outcome of your case. The State must prove its case beyond a reasonable doubt, and there may be opportunities to challenge the evidence or reduce the impact of the charge.
Working with an experienced DWI attorney in Raleigh gives you someone to review your case, explain your options, and help you take the next step with a clear understanding of your options.
Call our attorneys at (919) 365-6000 or use the form below to schedule a case review.
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Phone: (919) 365-6000
Our Office:
200 North Pine Street
Wendell, NC 27591