High Point DWI Lawyer

Being arrested for DWI in High Point, North Carolina can result in major consequences and repercussions, including jail time, loss of driving privileges, and monetary fines. Finding a competent and seasoned DWI criminal defense attorney in High Point, North Carolina can help you understand your case, including any defenses you might take.

North Carolina General Statute - 20-138.1. Impaired driving.

• (a) Offense. - A person commits the offense of impaired driving if he drives any vehicle upon any highway, any street, or any public vehicular area within this State:
  • (1) While under the influence of an impairing substance; or
  • (2) After having consumed sufficient alcohol that he has, at any relevant time after the driving, an alcohol concentration of 0.08 or more. The results of a chemical analysis shall be deemed sufficient evidence to prove a person's alcohol concentration; or
  • (3) With any amount of a Schedule I controlled substance, as listed in G.S. 90-89, or its metabolites in his blood or urine.
• (a1) A person who has submitted to a chemical analysis of a blood sample, pursuant to G.S. 20-139.1(d), may use the result in rebuttal as evidence that the person did not have, at a relevant time after driving, an alcohol concentration of 0.08 or more.
• (b) Defense Precluded. - The fact that a person charged with violating this section is or has been legally entitled to use alcohol or a drug is not a defense to a charge under this section.
• (b1) Defense Allowed. - Nothing in this section shall preclude a person from asserting that a chemical analysis result is inadmissible pursuant to G.S. 20-139.1(b2).
• (c) Pleading. - In any prosecution for impaired driving, the pleading is sufficient if it states the time and place of the alleged offense in the usual form and charges that the defendant drove a vehicle on a highway or public vehicular area while subject to an impairing substance.
• (d) Sentencing Hearing and Punishment. - Impaired driving as defined in this section is a misdemeanor. Upon conviction of a defendant of impaired driving, the presiding judge shall hold a sentencing hearing and impose punishment in accordance with G.S. 20-179.
• (e) Exception. - Notwithstanding the definition of "vehicle" pursuant to G.S. 20-4.01(49), for purposes of this section the word "vehicle" does not include a horse. (1983, c. 435, s. 24; 1989, c. 711, s. 2; 1993, c. 285, s. 1; 2006-253, s. 9.)

DWI Charges in High Point, 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 actions can result in the loss of driving privileges in North Carolina, it is crucial to remember that there may be additional penalties to consider and that each of these actions must be handled on its own.

Administrative Hearing

A person has 10 days to complete and turn in paperwork for an administrative hearing from the North Carolina Department of Motor Vehicles according to North Carolina law. If you fail to complete and turn in paperwork for a hearing within ten (10) days, your right to the hearing is lost, and your North Carolina driver's license is automatically suspended for the applicable statutory time frame. This is why it is imperative to immediately contact a DWI criminal defense attorney if you are facing DWI charges in High Point, North Carolina.

If you want to preserve your right to an administrative hearing, it is important that you submit your request to the North Carolina DMV within 10 days.

DWI Penalties for First Time Offenders in High Point

Individuals with a first time DWI conviction in North Carolina can face:

• Time in Jail - DWI offenders can face from 24 hours to a maximum of 24 months (two years) with their first conviction.
• DWI Fines and Fees - The fine for a first time DWI conviction in High Point, North Carolina is $100.00 to $2,000.00.
• DWI Chemical Test Refusal - Refusing to submit to a test when requested by police officers in High Point will result in the immediate suspension of driving privileges for at least 30 days, and an additional minimum 12 (twelve) month revocation by the Department of Motor Vehicles in North Carolina. After six months, the court may allow for limited driving privileges to be restored.
• CDL / 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 (CDL) for 1 year, while any subsequent DWI offenses will result in a lifetime loss of the commercial license.
• Driving Privileges in North Carolina - A DWI conviction results loss of driving privileges for one year.

The Booze It & Lose It campaign in High Point, 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), police officers in High Point 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.

Subsequent Offenses for DWI

Penalties are more severe for additional DWI violations. Please contact a criminal defense attorney in High Point, North Carolina for a quick and free consultation. Due to the complexity of DWI laws in North Carolina, you may not be aware of your rights and the potential defenses available in your case. For this reason, a competent and seasoned DWI criminal defense attorney can help you.

DWI Programs In North Carolina

Between July 2006 and June 2007, there were almost 43,000 DWI convictions in North Carolina. State law requires that DWI offenders obtain a substance abuse assessment and complete the recommended intervention, which is either education or treatment. The Division of MH/DD/SAS in North Carolina oversees this process, making sure that assessment and intervention conditions are satisfied.

Legal Disclaimer: You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. The information you obtain at this site is not, nor is it intended to be, legal advice. 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.