DUI / DWI

North Carolina has a zero-tolerance policy when it comes to driving and underage consumption of alcohol. This means that even if a person under the age of 21 has a .01 blood alcohol level, they can and will get a DUI or be charged with driving after consuming underage. They are facing the same consequences as a DWI, a loss of license, possible jail time, and a non-expungable criminal record. Fortunately, there are deferred dismissal programs, conditional discharge, and a prayer for judgment continued which might help lessen the consequences to the person’s driving license and criminal record.

A DWI dismissal is highly unlikely since a District Attorney would have to file paperwork with the court so that it becomes a matter of public record. Many organizations, like Mothers Against Drunk Driving, watch for these records and make problems for the District Attorneys. So, they rarely simply dismiss a DWI charge. Usually, the matter goes before a judge where there is a move for a dismissal based on suppression or constitutional grounds. Or sometimes, a not guilty plea is entered and there is a trial.

In every DWI case, there is a warrantless arrest. The Fourth Amendment protects you from unreasonable search and seizure, but since a traffic stop isn’t a strenuous hold, the standard is low. However, the arrest is serious, therefore we must make sure they have collected enough evidence in the field to uphold that arrest. So, we need to look at both whether they had reasonable cause to stop you and reasonable cause to arrest you.

Next is the scientific evidence. This is fairly complex, and the state must be able to get this into the trial.

The third complication is the special sentencing factor which is different than any other crime in North Carolina. So, as you can see, DWIs are very complicated.

For a first offense, most people will face:

1. a misdemeanor conviction,
2. a 30 to 60-day suspended jail sentence,
3. limited driving privileges for a year,
4. 24 to 48 hours of community service, and
5. somewhere between $300 and $800 in court costs and fines.

If there are any aggravating factors, like children in the car, the sentencing will become harsher, but for a first offense with no aggravating factors, this is the most likely scenario.

• If a second offense occurs within a year, most people will be sentenced to an aggravated level one, or A-1 (which is a mandatory one-year prison time)
• If a second offense occurs after one year of the first conviction, they could face vehicle forfeiture and no driving privileges.
• If a second offense is after three years of the first conviction, then there may be up to a four-year license suspension.
• A second conviction after seven years drops down to a level 2, and their license will likely only be suspended for one year.

So, while a conviction stays on a criminal record forever, the penalties for a second conviction lessen over time.

When stopped, and before you are taken to the testing room downtown:

• Remain polite,
• Avoid making any incriminating statements,
• Request an attorney as early in the process as possible.

Unfortunately, most individuals cooperate with law enforcement. They take field sobriety tests and provide statements. These actions are voluntary and recorded by body cameras. It’s important to note that they rarely present the accused in a favorable light, which can have serious and negative repercussions in court.

There is a constitutional right not to incriminate oneself, which applies even when stopped for a DWI. However, this right is waived once the individual enters the breath testing room. Implied consent applies to the breathalyzer test administered in the breath room—not the initial tests conducted on-site. The DMV will administratively suspend the driver’s license of someone who refuses a breathalyzer in the breath room for one year in addition to any criminal consequences stemming from the DWI.

Criminal Defense Attorney Clarke Dummit answers 3 of the most commonly asked questions his clients are concerned about after they have been charged with a DWI in North Carolina.

Is it a felony?

Generally, in North Carolina, a DWI is charged as a misdemeanor. However, if you’re driving while impaired charge involved death or serious injury to another you could be dealing with a felony charge as well. Further, if you’ve accumulated three DWI charges within a 10-year period, you could be facing a habitual DWI charge, which is a felony. So, it depends on the specifics of your case, but more than likely, you’re DWI is a misdemeanor charge.

Am I going to jail?

Jail time is heavily regulated by statute in our state. The judge must consider many things which may lower or raise your sentence, and grossly aggravating factors that jump you to mandatory jail time. However, even if the statutes do call for mandatory active jail time, we have sentencing alternatives that many judges will consider.

When can I drive again?

This is, again, dependent upon the specifics of your case. There are 3 different means and durations for license revocation in North Carolina, all of which begin and end at different times:

1. A non-criminal civil revocation is done by the magistrate and lasts for 30 days
2. Refusing a breathalyzer will cause the DMV to revoke a license for up to a year under an administrative revocation
3. When convicted of a DWI the judge will revoke a license on a criminal revocation.

For more information see our limited driving page

An ignition interlock device is a safety device, it is not a measurement device. So it cannot tell the difference between alcohol that is found in medicine versus alcohol found in beer and wine. Attorney Clarke Dummit has extensive experience with ignition interlocks and their role within the NC court system and NC DMV. In this video, he explains how your medication may cause you to fail an ignition interlock test and what your options are in this situation.

Criminal Defense Attorney Clarke Dummit discusses important information he wishes his clients knew before being stopped for a DWI in order to limit potential damages. Ideally, when stopped, everyone would remain polite, avoid making any incriminating statements, and request an attorney early in the process. Unfortunately, this is rarely the case. Most individuals cooperate with law enforcement, take field sobriety tests, and provide statements. These actions are voluntary, recorded by body cameras, and they rarely present the accused in a favorable light, which can have serious and negative repercussions in court. It’s important to note that there is a constitutional right not to incriminate oneself, which applies even when stopped for a DWI. However, this right is waived once the individual enters the breath testing room. Implied consent applies to the breathalyzer test administered in the breath room—not the initial tests conducted on-site. If a person refuses the breathalyzer in the breath room, the DMV will administratively suspend their driver’s license for one year, in addition to any criminal consequences stemming from the DWI.

Watch our video explaining the difference between a DWI and a DUI in North Carolina

This video explains the difference between a DWI (driving while impaired) and a DUI (driving under the influence) in North Carolina. In North Carolina, DWI and DUI are the same charge [00:15]. While some states have different levels of impaired driving offenses, North Carolina does not [00:30, 00:36].For a more detailed explanation, read our full DWI vs DUI article.

Criminal Defense Attorney Clarke Dummit relates a past case that illustrates possible jail time for a first-time DWI and how he used mitigating factors to reduce the sentence. Mitigating factors would include a clean driving record, being stopped for something minor like a tag light instead of a moving violation, and completing an alcohol assessment before going to court. Even with these mitigating factors, there will still be fines, community service, alcohol classes, license revocation, probation, and maybe even a suspended sentence. But it is unlikely unless there are also aggravating factors like children in the car, that there will be jail time for a first-time DWI offense.

If you have been charged with a DWI in Greensboro then your court date will be held at the Guilford County Courthouse located at 201 S. Eugene Street in Greensboro, NC 27401. First appearances are usually held in courtroom GB-1B and subsequent court dates for DWI’s are typically held in courtroom GB-1D.

Limited driving privileges are issued at the court’s discretion and are only valid for one year, then your full license is restored. The court could set restrictions on the hours, routes, and locations you can drive, but that is up to the court to decide. Therefore, it’s a good idea to retain an experienced DWI attorney to ask for liberal driving privileges.

In short, no, North Carolina isn’t a State that makes a distinction between DWI, DUI, OUI, or OWI. In states where there is a difference, DWI has the higher standard and is the more serious charge. However, in North Carolina, DWI is the only legal standard for determining intoxication.

DUI Lawyer Clarke Dummit explains the process of ensuring the State meets its burden of proof in a DWI case includes:

• Reviewing if law enforcement had a valid reason for the traffic stop.
• Determining whether reasonable suspicion of criminal activity was present.
• Assessing if sufficient field sobriety tests were conducted for probable cause.
• Checking for any violations of health codes during the breathalyzer test.

If the breathalyzer test violated health codes, it may be suppressed, meaning it wouldn’t be used as evidence against you. Successfully challenging a DWI requires analyzing every piece of evidence and constitutional argument.

There are three types of blood draws you’ll routinely see in a DWI case, a hospital blood draw, which is usually performed after a wreck and can be refused, a statutory blood draw, which is typically done with permission by a chemical analyst, and therefore can also be refused, but the third is done according to a warrant after there has already been a willful refusal and cannot be again refused. Once the state has a person’s blood they have to be able to show the chain of custody was unbroken, the blood was stored properly, there was no chance of mix-up at the lab, and that it was properly sealed. All these issues and much more need to be raised in a challenge to a blood draw that results in a DWI.

At our law firm, we believe in providing client-centered, results-driven representation. We take the time to listen to your concerns, answer your questions, and keep you informed at every stage of your case. Our attorneys have a proven track record of success in personal injury, criminal defense, and real estate law, and we’re committed to fighting for your rights and interests.

If you’ve been injured in a car accident, it’s essential to seek medical attention right away, even if you don’t think your injuries are severe.

Document the accident scene, gather witness contact information, and refrain from admitting fault or giving statements to insurance companies. Contact our law firm as soon as possible so we can help protect your rights and pursue the compensation you deserve.