DWI Defense Attorneys in North Carolina

North Carolina DWI Defense Attorneys

We know that this is one of the most stressful times of your life. You don’t know where to turn and you likely feel apprehensive about your legal options. Hatley Law Office will work to reduce or eliminate the damage a DWI can cause. Contact us today so that we can help take this weight off your shoulders. Together, we will walk through the next steps, develop a comprehensive strategy, and build the best defense available. We know North Carolina’s laws and fully understand what officers of the court must do throughout the DWI process. We can spot strengths and weaknesses in your case. Based on these details, we can take it to trial if necessary and fight to to have you found not guilty.

When you hire Hatley Law Office, you hire a team of attorneys ready to aggressively defend your rights.

Why Choose Hatley Law Office for your DWI?The Stakes Are High.

Given the risk, it is imperative that you have an attorney who knows how to defend you. The State will have a team of experts assigned to your case, but you are not powerless. You don’t have to go it alone when we’re here to help. Our team’s high level of knowledge regarding all pre and post arrest issues ensures that the State is forced to meet its burden in every way required by law. Our comprehensive investigation, personal attention, and aggressive representation will seek ensure you the best possible outcome. We are willing to do whatever it takes to ensure your interests are fully protected.

Wake Johnston Harnett Traffic Attorney Tyler Benson — —Attorney Tyler Benson, Hatley Law Office Lead DWI Division

Important Issues You Should Be Prepared to Discuss with a DWI Attorney

Did you admit to drinking or make any other statements to the officer?
Did you perform any field sobriety tests? Mainly:
- Horizontal Gaze Nystagmus (HGN) eye test
- Walk and Turn (WAT)
- One Leg Stand (OLS)
Did you take a roadside Portable Breath Test (PBT)? What was the result?
Did you take an Intoxilyzer breath Test? What was the result?
Were you notified of your rights before taking an Intoxilyzer breath test?
Did you call for someone to witness the intoxilyzer breath test?
Was blood drawn from you?

Common Questions about North Carolina DWIs

“Driving While Impaired” or “DWI” is the type of charge given for operating a motor vehicle while under the impairing influence of an intoxicating substance. Previously, this charge was known as Driving Under the Influence (DUI.) A person can be charged with a DWI if they are caught operating a motor vehicle on a public street, highway, or public vehicular area with a BAC of 0.08% or more, or while the individual is otherwise substantially impaired by drugs or alcohol.

What is the legal Blood Alcohol Concentration (BAC) in NC?

In NC, a BAC of 0.08% is the legal limit. This is the legal limit throughout most of the country. While the words “legal limit” may give the impression that it is “legal” to drive with a BAC of 0.08%, this is not correct. Your BAC cannot exceed 0.07%, and in some instances a person may actually be impaired at a BAC of less than 0.08%.

What is the legal BAC in NC for a Commercial Drivers License (CDL)?

In NC, a BAC of 0.04% is the legal limit. This is the legal limit throughout most of the country. Given this limit, a CDL holder cannot drive with a BAC of more than 0.03%.

What is the legal BAC for someone under 21 in NC?

There is a zero tolerance policy for underage drinking and driving in NC. Therefore, the legal BAC is 0.00% for anyone under the age of 21. In other words, a person under 21 cannot have ANY alcohol in their blood while operating a motor vehicle.

Am I automatically guilty if I am over the legal BAC limit?

No. To obtain a conviction for DWI, the State’s prosecutor must prove that you are guilty beyond a reasonable doubt. This is done by proving each element of the charge. While it is easier with proof that your BAC was at or over the legal limit, this fact alone does not automatically mean that you are guilty. We recommend contacting an attorney to help explore possible defenses for your case.

Can I still be arrested if I blow below the legal limit?

Unfortunately, yes. As discussed above, a DWI conviction can sometimes result solely on the basis of the person being substantially impaired, even if their BAC is below 0.08%. In NC, if a law enforcement officer observes you driving in a manner that indicates that you are impaired, the officer can pull you over, conduct additional roadside field sobriety tests, and then arrest you if you are found to be impaired. Since this arrest is based upon the subjective opinion of the officer, you may have a better defense, and trial may be a viable option. We recommend contacting an attorney to help explore possible defenses for your case.

For a consult about your NC DWI contact iTicket.law® today

Impact of a DWI Conviction in North Carolina

In North Carolina, a conviction for DWI is a serious matter that can include up to 36 months imprisonment and a fine of up to $10,000 (N.C.G.S. 20-138.1 and 20-179(g)). Under the best circumstances, a conviction for DWI in North Carolina will cause you to have your driver’s license revoked for one year. However, it may be possible to have the court issue a Limited Privilege that will enable you to drive on a restricted basis during the period of revocation.

Frequent Minimum Consequences

Conviction on Criminal Record
License Points
Insurance Points
License Revocation
Unsupervised Probation
Substance Abuse Assessment and Treatment
Community Service and Fees
Court Costs, Fines, & DWI Fee

Other Possible
Consequences

Jail Time
Supervised Probation
Vehicle Seizure
Ignition Interlock
Continuous Alcohol Monitoring Ankle Bracelet

Pertinent factors in evaluating whether a person should be charged with a DWI

Poor Driving: The National Highway Traffic Safety Administration (NHTSA) has identified several factors that officers should look for when identifying intoxicated drivers including: 1. Problems maintaining proper lane position (weaving, swerving, turning with a wide radius, drifting); 2. Speed and braking problems (varying speed, slow speed, accelerating or decelerating for no apparent reason); 3. Vigilance problems (driving in opposing lanes or the wrong way on a one-way, slow response to traffic signals, failure to use signals or headlights); and 4. Judgment problems (inappropriate or unusual behavior, improper turns or lane changes).

During a Traffic Stop: You can still be charged with a DWI even if you were stopped for an unrelated traffic infraction, such as expired registration, window tint violation, or driving withoutheadlights. As long as the officer had a legitimate reason for initially pulling you over, you can be charged with a DWI in conjunction with a traffic violation. According to the Courts, traffic stops unrelated to the offense provide a reasonable basis to investigate the driver further and conduct any tests necessary to determine impairment.

Found in a Parked Car: You can be charged with a DWI while sitting in the driver’s seat of a parked car if the car is running or if the keys to the vehicle are simply in the ignition In NC, a person can be charged with a DWI as long as the vehicle is under his or her control, regardless if it is moving or not.

While Riding a Bicycle: You can be charged with a DWI on a bike. In NC, a person can be charged with a DWI as long as that person is driving a vehicle. Under the NC statute, for DWI purposes, a bicycle is considered a vehicle. The same goes for a moped, a boat, or a golf cart, if driven on a public thoroughfare.

Sentencing Levels when convicted for a DWI in NC

Level 5 DWI: This is the lowest DWI level. A judge must find that there were no grossly aggravating factors and that the mitigating factors substantially outweigh the aggravating factors (more about factors below). The punishment may include a fine up to $200 and a sentence with a maximum term of 60 days. The prison time can be suspended with conditions of probation, treatment, or community service.
Level 4 DWI: A judge must find that there were no grossly aggravating factors and that the mitigating factors were balanced by the aggravating factors. The punishment may include a fine up to $500 and a sentence with a maximum term of 120 days. The prison time can be suspended with conditions of probation, treatment, or community service.
Level 3 DWI: A judge must find that there were no grossly aggravating factors and that the aggravating factors substantially outweigh the mitigating factors. The punishment may include a fine up to $1,000 and a sentence with a maximum term of 6 months. The prison time can be suspended with conditions of probation, treatment, or community service.
Level 2 DWI: The judge only needs to find that there was one grossly aggravating factor. The judge does not weigh aggravating and mitigating factors, except when considering the punishment. The punishment may include a fine up to $2,000 and a sentence with a maximum term of 12 months. The prison time can be suspended with conditions of some jail time, abstaining from consuming alcohol, treatment, and/or probation.
Level 1 DWI: The judge must find either (1) two grossly aggravating factors, or (2) that there was a passenger under the age of 18 in the vehicle. The punishment may include a fine up to $4,000 and a sentence with a maximum term of 24 months. The prison time can be suspended with conditions of some jail time, abstaining from consuming alcohol, continuous alcohol monitoring, treatment, and/or probation.
Aggravated Level 1 DWI: This is the most severe misdemeanor DWI level. The judge must find three or more grossly aggravating factors. The punishment may include a fine up to $10,000 and a sentence with a maximum term of 36 months. The prison time can be suspended with conditions of some jail time, abstaining from consuming alcohol, continuous alcohol monitoring, treatment, and probation.

Mitigating Factors vs. Aggravating Factors

Grossly Aggravating Factors:

Prior DWI conviction within 7 years of the date of the current DWI offense
An intervening DWI conviction
Offense committed while defendant’s license was revoked for a prior DWI
Offense resulted in serious injury to another
A child under the age of 18 was in the vehicle

Aggravating Factors:

A Blood Alcohol Concentration of 0.15% or higher
Especially reckless or dangerous driving
Negligent driving that leads to a reportable accident
Driving with a revoked license
Poor driving history
Two or more prior convictions of a motor vehicle offense (not involving impaired driving) of which 3 points were assigned
Speeding at least 30 mph over the speed limit
Passing a stopped school bus
Any other aggravating factor that increases the seriousness of the crime

Mitigating Factors:

Slight impairment – a Blood Alcohol Concentration at or less than 0.09%
Driving that is considered safe (besides the impairment) at the time of impairment
Safe driving record
Impairment was due to a lawfully prescribed drug
Voluntary submission to a mental health facility for an assessment
Completion of a substance abuse assessment and 60 days of monitored abstinence from alcohol

Receiving a DWI can be one of the most stressful times of your life. However, our team of DWI attorneys will walk you through the next steps, develop a strategy, and build your defense. Our seasoned DWI attorneys know North Carolina’s laws and fully understand what officers of the court must do throughout the DWI process. The Hatley Law Office will work to reduce or eliminate the damage that a DWI conviction can cause. Give us a call today and let us help to take the weight off your shoulders

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