Wilmington DWI Criminal Defense Lawyer

Being charged with Driving While Intoxicated comes with long lasting repercussions and consequences, including jail time, loss of driving privileges, and monetary fines. Because of this, it is very important you consult a Wilmington DWI lawyer. Finding a capable and knowledgeable DWI lawyer in Wilmington, 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.)

Administrative Hearing

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

DWI Charges in Wilmington, North Carolina

Under North Carolina law, once you have been cited for violating the DWI statute in Wilmington or another city, 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 Department of Motor Vehicles in North Carolina.

While both of these actions can result in the suspension of your North Carolina driver's license, it is crucial to remember that there may be additional penalties to consider. Also, each action must be handled on its own.

DWI Penalties for First Time Offenders

• Driving Privileges (North Carolina) - A DWI conviction results in the mandatory revocation of North Carolina driving privileges for one year.
• Time in Jail - DWI offenders can face from 24 hours to a maximum of 24 months (two years) with their first conviction.
• 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 North Carolina 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.)
• Chemical Test Refusal - Refusing to submit to a test when requested by Wilmington police officers will result in the immediate suspension of your driver's license for at least 30 days, and an additional minimum 1 year revocation by the North Carolina Department of Motor Vehicles. The court may allow for limited driving privileges after 6 months have passed.

In Wilmington and all over North Carolina, the Booze It & Lose It campaign targets DWI offenders with strict enforcement and helpful education. To increase the efficiency of on-site DWI processing, Wilmington police officers use six mobile breath-alcohol testing units, better known as BATMobiles. Each vehicle is equipped with workstations for Intoxilyzer 5000 breath test instruments as well as other equipment.

Subsequent Offenses for DWI

Penalties are more severe for additional DWI violations. Please contact a lawyer in Wilmington, North Carolina for an immediate, 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 capable and knowledgeable DWI lawyer can help you.

DWI Programs In North Carolina

Sobriety checkpoints are continually set up in all North Carolina counties as part of the state's highly effective anti-drunk driving campaign. From July 2006 to June 2007, there were almost 43,000 DWI convictions in cities like Wilmington all over North Carolina. Current state laws require that DWI offenders obtain a substance abuse assessment and complete the recommended intervention, which is either education or treatment.