Being arrested for DWI is a serious offense that can have significant consequences, including jail time, loss of driving privileges, and monetary fines.  It is imperative that anyone facing such a charge understand what challenges they will encounter.  Seeking the legal advice of a competent and experienced DWI attorney will help you understand all of your rights and options. 

What happens if I was arrested for DWI?
Under North Carolina law, once you have been cited for violating the DWI statute, the state initiates two simultaneous, yet separate legal actions against you.  The Criminal Action is in response to the ticket that was issued to you, while the Administrative Action is brought against your driver’s license by the North Carolina Department of Motor Vehicles.  While both actions can result in the suspension of your driving privileges, it is important to remember that there may be additional penalties to consider and each action must be handled separately.

Administrative Hearing
Pursuant to North Carolina law, an individual has 10 days to request an Administrative Hearing from the Department of Motor Vehicles.    If you fail to request a hearing within 10 days, your right to the hearing is lost, and your license is automatically suspended for the applicable statutory time frame.  In order to preserve your right to an Administrative Hearing, it is crucial that you submit your request to the Department of Motor Vehicles within 10 days.

DWI Penalties for First Time Offenders

Jail Time
A first time DWI offender could face imprisonment of 24 hours, up to a maximum of 24 months.

Monetary Fines
The minimum fine for a first time DWI is $100.00, up to $2,000.00.

Driving Privileges
A DWI conviction results in the mandatory revocation of driving privileges for 1 year.

Chemical Test Refusal
Refusing to submit to a test when requested by law enforcement will result in the immediate suspension of driving privileges for at least 30 days, and additional minimum 12 month revocation by the Department of Motor Vehicles.  The court may allow for limited driving privileges after 6 months have passed.      

Commercial Drivers
Commercial drivers are in violation of the DWI statute with a blood alcohol content (BAC) of 0.04.  A first time DWI conviction will result in the loss of the commercial driver’s license for 1 year, while any subsequent DWI offenses will result in a lifetime loss of the commercial license. 

Alcohol Evaluation
Completion of a drug and alcohol assessment is required for reinstatement of driving privileges. 

DWI Subsequent Offenses
Penalties are increasingly more severe for any additional DWI violations.  Due to the complexity of DWI laws, you may not be aware of your rights and the potential defenses available to your case.  An experienced and competent attorney can guide you through this emotionally challenging process.  Please contact a lawyer for an immediate, free consultation.