DWI Attorney - Durham, North Carolina

Being arrested for DWI in Durham, North Carolina can result in serious consequences and repercussions, including loss of driving privileges, monetary fines, and time in jail. If you are charged with a DWI, you should seek the legal advice of a capable and resourceful DWI lawyer. It is crucial that anyone facing such a charge understand what challenges they will encounter along the way.

Administrative Hearing

Pursuant to North Carolina law, an individual has 10 days to complete and turn in paperwork for an administrative hearing from the Department of Motor Vehicles. If you do not make this deadline, your license is automatically suspended for the statutory time frame applicable to your situation.

DWI Charges in Durham, North Carolina

Once you have been cited for a DWI, the state of North Carolina initiates two separate but simultaneous legal actions. There is a criminal action (in response to the ticket that was issued to you), and an administrative action (brought against your driver's license by the North Carolina DMV.)

While both of these actions can result in the suspension of your driving privileges, it is imperative to remember that there may be additional penalties to consider. Also, each action must be handled separately.

First Time Offenders - DWI Penalties

This is what you can face with a first time DWI conviction in Durham, North Carolina.

• Refusal of Chemical DWI Test - Refusing to submit to a test when requested by law enforcement in Durham, North Carolina will result in the immediate suspension of North Carolina driving privileges for at least 30 (thirty) days, this is in addition to a minimum 12 (twelve) month revocation by the Department of Motor Vehicles in North Carolina. Depending on many factors, limited driving privileges may be allowed after six months.
• Driving Privileges in North Carolina - A DWI conviction results revocation of driving privileges for 1 year.
• Commercial Drivers - If commercial drivers in North Carolina have a blood alcohol content (BAC) of 0.04 of over, they are in violation of the DWI statute. A first time DWI conviction will result in the loss of the (CDL) commercial driver's license for 1 year, with any subsequent DWI offenses resulting in a lifetime loss of the commercial license (CDL.)
• DWI Incarceration - A first time DWI offender in North Carolina faces jail time for a minimum of 24 hours up to a maximum of 2 years.
• Refusal of Chemical DWI Test - Refusing to submit to a test when requested by law enforcement in Durham, North Carolina will result in the immediate suspension of North Carolina driving privileges for at least 30 (thirty) days, this is in addition to a minimum 12 (twelve) month revocation by the Department of Motor Vehicles in North Carolina. Depending on many factors, limited driving privileges may be allowed after six months.

DWI Subsequent Offenses

DWI In North Carolina

North Carolina law requires that DWI offenders obtain a substance abuse assessment and complete the recommended intervention, which is either education or treatment. Sobriety checkpoints are continually set up in all North Carolina counties as part of the state's effective anti-drunk driving campaign. Between July 2006 and June 2007, over 28,000 North Carolinians completed these requirements after being convicted of a DWI.

Legal Disclaimer: The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.

The Booze It & Lose It campaign in Durham, North Carolina targets drunk drivers by using innovative DWI education (and enforcement.) Throughout North Carolina, sobriety checkpoints are used as part of the state's highly effective anti-DWI campaign. Using 6 mobile breath-alcohol testing units (called BATMobiles), law enforcement in Durham, North Carolina increase efficiency of DWI processing on the scene. Each vehicle comes with workstations for Intoxilyzer 5000 breath test instruments, cellular telephones, traffic cones, traffic vests, computers, search batons, screening test devices and more.