A charge of Driving While Impaired (DWI) is a very serious one, and with that in mind, the team at Mercogliano & Associates, PA does not take any of these cases lightly. We work with our clients to determine the best course of action and educate them on DWI law in North Carolina. If you have been charged with driving while impaired, we strongly encourage you to contact a legal representative as soon as possible. If you are interested in a consultation with your neighborhood attorneys at Mercogliano & Associates, we can be reached here.
The Law on Driving While Impaired
In North Carolina, there are three ways to prove Driving While Impaired (DWI). Any person who drove a vehicle on any highway, street, or public vehicular area in North Carolina (1) after consuming a sufficient quantity of an impairing substance such that the person’s bodily or mental faculties have been appreciably impaired; (2) after having consumed sufficient alcohol that he or she has, at any relevant time after driving, an alcohol concentration of .08 or more; or (3) with any amount of a Schedule I controlled substance in his or her blood or urine can be convicted of DWI. Facing a DWI charge is a serious matter. It is the policy of most District Attorneys, including the Wake County District Attorney, to require anyone charged with a DWI to either plead guilty or go to trial. There is generally no plea-bargaining involved to reduce a DWI charge to a lesser crime. As a result, many drivers facing DWI charges in Wake and surrounding counties face a trial unless the Assistant District Attorney agrees to favorable sentence. Ultimately it is your right to determine whether you want to take this charge to trial or not.
DWI Sentencing
DWI sentencing can be severe in North Carolina. Every person convicted of DWI in North Carolina is assigned a sentencing level. There are six (6) sentencing levels total. Level five (V) has the least consequences. Aggravated level one (I) is the most severe DWI sentencing level. After a person is convicted of DWI, the judge will hold a sentencing hearing to determine the appropriate sentencing level for the driver.
Click here to learn more about the different sentencing levels and punishments associated with each level of DWI sentencing.
Determination of the sentencing level by the judge involves a balancing of aggravating, grossly aggravating, and mitigating factors. This table provides a description of the different factors judges use to evaluate sentencing levels.
Limited Driving Privileges
If you have been charged with or convicted of a DWI in North Carolina, you may be eligible for a limited driving privilege. Generally, driving privileges fall into one of three categories related to the DWI process: (1) pre-trial; (2) post-conviction; and (3) refusals.
Standard hours for limited driving privileges are from 6 AM until 8 PM from Monday through Friday. If you need a driving privilege to extend beyond those hours for either work or school, you will need a letter from your employer or a class schedule from school. This letter must describe why and how often you will need to drive outside those standard hours.
If your license has been suspended as a result of a DWI charge or conviction, contact an attorney at Mercogliano & Associates, PA to determine whether you are eligible for a limited driving privilege.
Pre-Trial Driving Privileges (subsection under driving privileges)
If you were charged with DWI and you blew 0.08 or above on the breath test, your license was automatically revoked for thirty (30) days. After ten (10) days, you will be eligible for a pre-trial limited driving privilege if you meet the following requirements:
- At the time you were stopped you must have had a valid driver’s license
- You must not have been convicted of driving while impaired within the preceding seven (7) years
- You cannot have been charged with another DWI since receiving DWI that initially revoked your license
- You must have proof of insurance, specifically a form called a DL 123 that you can request from your insurance company
- You need proof that you have obtained a substance abuse assessment.
NOTE: This does not mean you have to comply with any recommended treatment requested in the assessment (yet).
- Pay $100 to the clerk of court
A pre-trial limited driving privilege is only valid for thirty (30) days after you were charged with the DWI. After thirty (30) days, your restricted license expires and you are eligible to have your full license reinstated. You must pay a $50 fee to have your license restored. Once your license is reinstated, you will have a full driver’s license unless and until it is revoked following conviction. After conviction, you will likely be eligible for another limited driving privilege.
Post-Conviction Driving Privileges (subsection under driving privileges)
In order to be eligible for a driving privilege after a conviction for DWI, you must satisfy the same requirements that exist for the pretrial privilege. However, if had a Breath Alcohol Concentration (BAC) of 0.15 or more, you will have an interlock device installed in your car. You will also lose your license for forty-five days following your DWI conviction, without the possibility of privilege, before you become eligible. If you are convicted of a Level I or Level II DWI, you will not be eligible for any privilege for until after the passage of one (1) year.
Refusal Driving Privileges (subsection under driving privileges)
If you refused to take the breath test when arrested for DWI, the DMV will suspend your driver’s license for one (1) year. You will not be eligible for a limited driving privilege for the first six (6) months of that suspension. After that six (6) month period, you may petition the DMV for a limited driving privilege.
If you have been charged with a DWI, we strongly encourage you to contact a lawyer, like the ones at Mercogliano & Associates, PA, in order to make sure you receive appropriate legal advice. We primarily serve residents of Wake and Harnett Counties, in Fuquay-Varina, Southeast Raleigh, Garner, Holly Springs, Willow Spring, Dunn, Coats, Lillington, Angier and the surrounding areas.
Mercogliano & Associates can be reached through our contact form, by phone at 919-552-2501, or via email.