If caught driving while intoxicated in North Carolina, you will be sitting in jail. There are almost 50,000 tickets written each year in the state for driving under the influence and the consequences are severe. If you find yourself struggling to walk a straight line and end up in cuffs, you need to understand DWI laws.
What are the DUI laws that will impact your ability to drive? Do you need to hire a DWI attorney? These are just some of the questions we will answer so you are prepared if this ever happens to you.
Levels of Intoxication
The blood alcohol content (BAC) for intoxication in North Carolina is .08. That means alcohol of that concentration or more in your system will result in a DUI arrest.
For repeat offenders, and commercial drivers the allowable BAC is .04. If you have a DWI on your record and are pulled over for drunk driving, .04 or higher BAC will result in your arrest. For under age 21 there is zero tolerance and any level of alcohol will result in arrest.
The amount of jail time and the severity of the fine you pay will depend on your level of intoxication. The state has five levels of intoxication, plus an extreme level.
Level V—the least serious level has a minimum jail time of 24 hours, maximum jail time of 60 days, and a fine of up to $200
Level IV—has a minimum jail time of 48 hours, maximum jail time of 120 days, and a fine of up to $500
Level III—has a minimum jail time of 72 hours, maximum jail time of 6 months, and a fine of up to $1,000
Level II—has a minimum jail time of 7 days, maximum jail time of 1 year, and fine of up to $2,000
Level I—has a minimum jail time of 30 days, maximum jail time of 2 years, and a fine of up to $4,000
Level 1A—the most severe level has a minimum jail time of 12 months, maximum jail time of 36 months, and a fine of up to $10,000
The judge has the option of suspending the sentence on levels 3, 4, and 5 and replacing them will community service, jail time, or driving probation.
DWI Laws Regarding Level 1A
You may be subject to DWI Aggravated Level One if you have three or more grossly aggravating factors. Those factors include prior DWI convictions, causing serious injury to another person, and having a child under age 18 in the vehicle pursuant to G.S. §20-179.
There are some special provisions that allow judges to deviate from sentencing recommendations. The best way to obtain these special conditions of sentencing is to have a DWI lawyer negotiating on your behalf.
License Revocation and Vehicle Seizure
If you receive a DWI conviction your driver’s license will be revoked for 12 months. A DUI lawyer may be able to help you obtain limited driving privileges after 10 days.
If you receive a second conviction within three years of your first, your license will be revoked for four years. You will not be able to apply for special driving privileges. To have your driving privileges restored you will need to complete a substance abuse assessment.
When you are arrested the state may seize your vehicle. If you are a repeat offender they may sell it and keep the proceeds. These seizures occur after arrest, not after trial.
When you Bail Out on DWI
When you or a family member are arrested due to a DUI and are unable to make bail, it is a stressful, scary, and confusing time. What do you do next? You call A Be Out Bail Bonds at 1-252-227-9873!
Our licensed bail bondmen will answer your questions and process your bond as quickly as possible. Contact A Be Out Bail Bonds 24 hours a day, 7 days a week.
