A driver in North Carolina is at risk of receiving a DWI charge if driving after taking any type of impairing drug or using another intoxicating substance. The official charge you will see on the record, however, will say DWI.
You will lose your right to drive for one year after receiving your first DWI conviction, for four years after a second offense, and permanently if you have three or more DWIs. An aggravated DWI is extremely serious and means the driver has injured someone while driving impaired. You could lose your driving privileges, your job, and your rights. Do not answer police interrogation questions, other than giving your name, until you have an attorney present.
The court uses all the circumstances of the driving and behavior of a person charged with DWI to determine impairment, not just what they find in the blood. Gross aggravating factors are the most severe factor that impacts your DWI sentence. Examples of qualifying situations include seriously injuring another person when driving while impaired, other convictions for DWI, having children in the vehicle, and other factors. Although aggravating factors are considered less severe than gross aggravating factors, their consequences are still detrimental.
For example, reckless driving when driving while impaired qualifies as an aggravating factor. Mitigating factors are reasons that might justify why you are driving while impaired. One example is that you have taken steps to correct your behavior such as having a substance abuse assessment and following treatment recommendations.
Also, if you need to go to court, then you also must pay additional court fees. DWIs are considered a misdemeanor in North Carolina. That means that all instances where an officer feels a driver is under the influence of an intoxicant, whether it be drugs, alcohol or even both, the charge will always be a DWI in North Carolina.
No other charge in NC is as heavily scrutinized as a DWI in NC and having this on your record can cause serious harm to your official reputation. This can cause extreme harm to your current and future employment and being represented by experienced DWI attorneys like Matthew Charles Law can make a significant difference in your outcome with the state.
Yes, In North Carolina you have the right to contact a lawyer before providing a blood or urine sample to the police. However, you only have 30 minutes to contact and speak with a lawyer before you are required to provide this sample. The 30 minute time limit is necessary because the longer the wait the less accurate the tests can be in regards to alcohol related DWI charges.
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