North Carolina DUI Laws & Attorneys
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According to history, the state’s nick name “Tar Heels” was used because tar on the heels of your shoes makes you stick better in a fight. Drink too much and drive and you may need Tar Heels when fighting a North Carolina driving while under the influence (DUI) charge.
Current North Carolina DUI law forbids the use of the roadside breath test for other than probable cause to arrest someone for drunk driving. However, North Carolina’s DUI ‘per se’ law states that a blood alcohol content (BAC) of .08% by itself constitutes impairment to a degree that you are assumed to be unsafe behind the wheel.
You can also be prosecuted for driving under the influence if it can be proven that you were driving with "appreciable impairment" and in an unsafe manner. Under this theory, circumstantial evidence, such as slurred speech, blood shot, watery eyes, unbalanced coordination, hazardous driving, and field sobriety tests can be proof that a driver was “impaired”.
If you haven’t been drinking or you believe that you might have been impaired from a benign source such as alcohol based paint, solvents, mouthwash, prescription or over-the-counter drugs be aware that you can still be arrested for a North Carolina DUI, even though you are not “legally drunk”.
You should note that you have the right to a second BAC test at your own expense, at a place of your choice, with the assistance of law enforcement (when you are in custody). When blood is drawn with or without a request from law enforcement, it is extremely important to have your North Carolina DUI attorney contact the hospital or lab immediately with notice of the federal confidentiality law and to assert your patient’s rights regarding the privacy of medical records.
North Carolina DUI law is comprised of a system of flexible sanctions depending upon various conditions and aggravating circumstances which directly relates to prior or present offenses. Additionally, your vehicle can be seized if your license has been revoked by another state and the offense is "substantially" similar to one in North Carolina.
After being charged with a North Carolina DUI you’re going to face two adversaries: the criminal courts, and the North Carolina State Department of Transportation, Division of Motor Vehicles (DMV). If your license was suspended or revoked because of a DUI, you will be offered a formal DMV hearing Hearings may be a crucial opportunity to let your North Carolina DUI defense attorney cross-examine, rebut testimony and confront evidence offered by those involved in your arrest and investigation.
You have the right to make a request within 10 days for an administrative hearing with the DMV to try avoiding losing driving privileges. Your license will be lost if a hearing is not requested, for not appearing, or for an unsuccessful outcome. It is possible to win your criminal case and still be revoked by DMV or you could win your DMV hearing and still lose your criminal case. However, if you are sentenced by the court and the DMV, the sentences will probably run concurrently (at the same time).
A program called Operation DUI has been aiming for North Carolina drunk drivers. The dragnet, which has been conducted 6 times each year for a period of two weeks, consists of 75 to 100 sobriety checkpoints.
Be advised that North Carolina has an out-of-state Driver’s License Compact Agreement. This means that a North Carolina DUI conviction will be reported to your home state which will generally take action to suspend your license. Offenses for out-of-state drivers can also create other complications. Consequently, it’s imperative that you contact a local North Carolina DUI attorney to walk you through the procedures and insure that you don’t face complications with bail, jail, and your driving privileges.
Across the country DUI laws and evidentiary procedures are being challenged, while at the same time state laws are becoming more severe. To be certain that you have the correct and current knowledge contact a North Carolina DUI specialist. In any case, when you are stopped and arrested for suspicion of a North Carolina DUI, request to see a DUI attorney, the sooner the better.
– Info You Should Know –
Was I Stopped Legally?
Basically you were stopped because of an equipment failure or an officer had probable cause to think you were driving in an impaired manner. Arrests for drunk driving in every state focuses on four areas: driving patterns, physical appearance, field sobriety tests, and chemical tests.
Not all reasons offered by officers are legal. Check with a North Carolina DUI attorney who will examine all the different aspects of your case, will defend you aggressively and try to mitigate any penalties.
Should I Have Talked To the Cop?
Remember that you don’t have to answer any questions that will incriminate you. Most people say that they have had a "couple of drinks” which is not necessarily incriminating. However, such "statements of consumption" will be used against them in court or at a hearing.
If you plan to refuse a sobriety test – which may not be the best action – you should inform the officer you would rather wait until instructed by a North Carolina DUI lawyer. But be advised if you refuse the test under the implied consent law you can lose your license on the spot, and probably for many months.
Did I Have A Right To Make A Call?
Law enforcement is not required to advise you of this right. But once a request is made, they are obligated to provide an opportunity to make a call, hopefully to a North Carolina DUI specialist.
I’m Simply Going To Plead Guilty, Why Do I Need A North Carolina DUI Lawyer?
The penalties and the numerous, complicated laws relating to motor vehicles, DUI charges and North Carolina drunk driving laws should be taken very seriously. North Carolina DUI convictions and penalties can be long lasting and severe, both in court and with the North Carolina State Department of Transportation, Division of Motor Vehicles, which regulates your driving privileges.
Experienced and skilled legal counsel may be able to help maximize your defenses thereby mitigating your penalties. A North Carolina DUI defense attorney will level the playing field between you and the prosecution in an effort to provide and preserve your constitutional rights.
When considering consulting a North Carolina DUI attorney, take into account the impact of a criminal conviction: possible loss of voting privileges and other civil liberties, increased cost or cancellation of auto insurance, lost educational opportunities, inability to rent or own cars, restrictions on travel, damage to security clearances, job barriers, possible harm to professional credentials or certifications, and the loss of freedom. Don’t you think these rights, possessions, achievements and abilities are worth protecting?
What’s A North Carolina DUI Defense Attorney Going To Cost?
One of the biggest concerns for anyone charged with driving while intoxicated is attorney fees. As cases vary, so does cost. Most people don’t realize that money spent now on skillful help from a North Carolina DUI attorney might save them thousands of dollars in the years to come.
What Are Court Costs?
Additional costs outside of the fine for court or administrative services, regulated by state penal or vehicle codes violated. They can be costly.
Did I Have To Take a Field Sobriety Test (FST)?
Unlike blood and breath testing, submitting to a "field sobriety test" is voluntary, but do not expect an officer to inform you of this. According to the National Highway Traffic Safety Administration (NHTSA), the only tests that have been shown to have some relevance in establishing legal intoxication are the One Leg Stand, the Heel-to Toe and the Horizontal Gaze Nystagmus (HGN). The results of these tests will be entered as evidence against you. But even under laboratory conditions, these tests have only been established to be accurate in predicting blood alcohol content above .10% in 66% to 77% of the time.
What if I Refused To Take a BAC (blood alcohol content) Test?
Refusal carries certain penalties which may be more severe than a DUI conviction. The arresting officer will take your license and it will be automatically suspended. You may request a hearing within 10 days of the arrest to contest the validity of the confiscation or driver’s license suspension.
This hearing is not a trial and producing evidence of innocence and the burden of proof bears upon the accused.
Can I Plea Bargain?
A plea bargain means that you agree to plead guilty to some lesser charge or having your attorney and prosecutor mitigate the penalties. Practiced North Carolina DUI attorneys often times will be able to negotiate a plea to a lesser charge as many cases are resolved prior to trial. The plea bargain is extremely advantageous to anyone accused of a North Carolina DUI, but remember even a conviction to a lesser charge will still count as a ‘prior’ for calculating penalties for future offenses.
It is next to impossible to plea bargain a North Carolina drunk driving charge without an experienced North Carolina DUI lawyer.
I’ve Heard of A Nolo Contendere Plea, What Is It?
In legal terms, nolo contendere (Latin for “I do not wish to contest”) is an alternative to a guilty or not guilty plea. While not technically a guilty plea, a nolo plea has many of the same effects, but with some mitigating circumstances. In most states you can only plea nolo once in DUI cases. Generally a judge decides whether a nolo plea will be accepted, and it is not always available.
In any case, without services of a veteran North Carolina DUI specialist, specialized pleas or plea bargaining is not possible.
Is Being Punished by the North Carolina DMV and the Criminal Courts Double Jeopardy?
Like most states, North Carolina law permits the enforcement of administrative penalties in addition to court punishments, as the state considers driving a privilege, not a right, and not subject to civil liberties. North Carolina DMV administers driver’s licenses, imposes civil penalties, serves as the judge, jury and also deals out punishment.
What if I Am An Out-Of-State Driver?
North Carolina DUI convictions will be reported to your home state which will suspend your license.
What Happens In Court?
You’ll have to make several appearances. In a criminal case you have the right to a jury trial with presumption of innocence, but once convicted, it can be up to the judge what punishment you will receive. The sentencing range, and whether the offense will be a misdemeanor or a felony, is based on a number of things including the number of priors. These convictions include any previous North Carolina administrative or criminal court drunk driving suspensions, for refusal to submit to a BAC test, or any ‘operating while intoxicated’ convictions in other states. There are also penalty enhancements due to aggravated circumstances.
In addition, a judge may require you to participate in alcohol or drug treatment programs as part of a parole (probation) program and have an ignition interlock device installed on your vehicle, or even have your vehicle seized and forfeited.
Can I Get a Limited Driver's License?
Limited driving privileges may be granted after 10 days of the 30-day pre-trial revocation (if drivers do not have a DWI prior) for an offense and agree to participate in a substance abuse program.
A limited driver’s license may be issued at the discretion of the court under certain circumstances. Usually the offender must agree to participate in substance abuse training or treatment. The limited driver's license will allow you to drive to work and back during the final 20 days of your mandatory 30 days revocation. Under separate provisions, if an offender refused the implied consent test and has not had a previous test refusal or DUI conviction within 7 years, a limited driving privilege license may be issued after a 6 month revocation period.
After an offender’s license has been restored, a restriction is placed on the license prohibiting driving with a BAC level at or above .04%. These restrictions are in effect for 3 years. A violation of the restriction will result in at least a 1year license revocation.
What About Enhanced Punishments for North Carolina DUI Convictions?
Certain circumstances may lead to sentence enhancements: prior DUI convictions, the presence of a child in the car, speeding, reckless driving, elevated BAC (over .16%), fleeing police, driving with a suspended license, or causing an accident with injuries or property damage.
Any time you face multiple or ‘aggravated’ charges, or if death, injuries or sizeable property damage occurs, the fallout for North Carolina multiple convictions will get very heavy, including thousands of dollars in fines, mandatory years of imprisonment, massive restitution and a loss of license and vehicles for years, if not permanently. We strongly recommend retaining an experienced North Carolina DUI attorney in order to secure the best possible outcome of a potentially severe situation.
What About My Insurance?
Your insurance rates will probably increase or be cancelled. Rates for your family members, or even for your employer (if you use a company car), may increase as well.
-More Info You Should Know-
North Carolina DUI law now prohibits anyone in motor vehicle from having open containers of beer or wine while in a public area.
An offender is required to have the ignition interlock installed in all vehicles registered in their name.
A maximum BAC level of 0.04% for DUI offenders who have had their license reinstated.
A BAC of 0.00% for second DUI offenders who have had their license reinstated.
An offender with a.16% BAC and higher is required to install an ignition interlock system in their vehicles before their license is restored.
A DUI in North Carolina stays on your driving record for 7 years for calculating future offenses. However, a conviction stays on your record forever.
North Carolina defines habitual drunk drivers as those who have three or more convictions in the span of seven years. This is punishable as a Class F felony, which results in no less than 1 year of jail time and the permanent revocation of the offender’s license.
– North Carolina DUI Criminal Penalties –
There are 5 levels for DUI penalties, ranging from Level 5 (the least severe) to Level 1 (the most severe). Sentencing is determined by the judge based on circumstances such as prior convictions, BAC level, obtaining a substance abuse assessment before going to court, if a minor (under 16) was in the vehicle, and your overall driving record.
Jail Sentence
Level 5 – 2 to 60 days.
Level 4 – 4 to 120 days.
Level 3 – 3 days to 6 months.
Level 2 – 7 days to 1 year.
Level 1 – 30 days to 2 years.
Possible community service in lieu of jail.
Fines
Level 5 – up to $200.
Level 4 – up to $500.
Level 3 – up to $1,000.
Level 2 – up to $2,000.
Level 1 – up to $4,000.
There are no mandatory minimums.
License Suspensions
Generally, 6 months to 1 year at the court’s judgment.
Underage DUI
Class 2 misdemeanor.
1 year license suspension.
Standard DUI penalties for all other purposes.
Vehicle Impound:
Up to 10 days and offender pays impound fees.
North Carolina DUI School
DUI school and/or substance abuse treatment for all DUI convictions
Community Service
Community service may be used in lieu of incarceration for Level 3, 4, or 5. It is used at the discretion of the court for Level 1 or 2. Depending upon the level of conviction, community service of between 24 – 72 hours may be imposed and must be completed within a specific time period.
Commercial Driver’s License
0.04% BAC level or higher.
1 year license revocation.
A DUI sticker (identifying you as a DUI offender) is placed on a commercial license after a DUI conviction for 2 years.
Ignition interlock device program
Mandatory for 2nd or subsequent offenders or for a BAC level of .16% or above.
Mandatory for 1 year if license revocation period was for 1 year, 3 years if the revocation period was for 4 years, and 7 years if the license was permanently revoked.
–Department of Transportation, Division of Motor Vehicles –
Penalties
If you are convicted of DUI while your license is revoked for a prior conviction, the court may order your vehicle seized and sold.
1st Conviction
1 year mandatory driver's license revocation.
Up to $100 to $2,000 fine.
24 hours of community service.
30 days without a limited driving privilege.
Enhanced BAC (16%) ignition interlock required.
2nd Conviction
4 years license revocation if convicted within 3 years of 1st offense.
Up to $1,000 fine.
A limited driving privilege will not be issued if the 2nd offense is within 7 years of a prior.
3rd Conviction
Mandatory permanent license revocation if 1 prior conviction was within past 5 years.
Up to $2,000 fine.
4th Conviction
A felony.
Mandatory permanent driver's license revocation if the 3 priors occurred within 7 years.
$2,000 fine.
Underage DUI
BAC of .02% Or odor of alcohol sufficient for DUI conviction.
1st offense up to 1 year loss of license.
Commercial Driver’s License
1st offense 1 year disqualification.
3 year disqualification fro hauling hazardous materials with DUI.
Subsequent offenses possible lifetime disqualification.
– Disclaimer –
Only experienced North Carolina DUI attorneys should provide you with bonified legal advice concerning North Carolina DUI laws. Consequently, the aforementioned information on this web site should not be construed as legal advice, rather suggestions and a range of helpful information and should not be substituted for speaking with accredited North Carolina DUI attorneys. There is no warrantee, expressed or implied herein. These issues are complicated, laws change and litigation takes experience. Please let us refer you to a seasoned professional North Carolina DUI attorney specializing in DUI cases.
– Citations –
North Carolina DUI/DWI Convictions: North Carolina General Statutes (G.S.) Section 20-138-1.
North Carolina DUI/DWI Fines & Sentencing/First Offense:
North Carolina Criminal Status: G.S. Section 20-138-1 Jail: G.S. Section 20-179
North Carolina DUI Fines/Costs: G.S. Section 20-179
North Carolina License Suspension: G.S. Section 20-19
Vehicle Impound: G.S. Sections 20-28-3, 20-28-4
North Carolina DUI School: N/A
North Carolina Probation: G.S. Section 20-179
Community Service: G.S. Section 20-179
North Carolina DUI/DWI Fines & Sentencing/Second Offense Plus:
North Carolina Criminal Status: G.S. Section 20-138-1 Jail: G.S. Section 20-179
North Carolina DUI Fines/Costs: G.S. Section 20-179
North Carolina License Suspension: G.S. Section 20-19.
Vehicle Impound: G.S. Sections 20-28-3, 20-28-4
North Carolina DUI School: N/A
North Carolina Probation: G.S. Section 20-179
Community Service: G.S. Section 20-179
Other:
Commercial Vehicle: G.S. Sections 20-17-4, 20-37-20A.
North Carolina Open Container Laws: G.S. Section 20-138-7
Ignition Interlock Device: G.S. Section 20-17-8
North Carolina General Statute Sect. 20-138.1 and Sect. 20-16.
Section 20-16. (b1) odor of alcohol
North Carolina Division of Motor Vehicles 3148 Mail Service Center Raleigh, NC 27699-3101 Phone: (919) 715-7000 Web: http://www.ncdot.org/dmv/
