Lenoir DWI Lawyer
Lenoir DWI Attorney
In North Carolina, there is no difference between a DUI (driving under the influence) and a DWI (driving while intoxicated) charge. The crime is the same and can result in severe punishment if convicted. If you’ve been accused of driving while drunk or under the influence of substances, contact a Lenoir DWI lawyer to begin building a strong defense.
The legal team at Cody Law Firm is well-qualified and experienced in representing clients facing a variety of traffic violations, including drunk driving charges. Whether you’ve been arrested for a first-time DUI or a fourth-time DUI, we are ready to take on your case and work diligently to ensure you get the most favorable outcome possible.
Impaired Driving Misdemeanors and Felonies in North Carolina
Most DWI cases will be charged as a misdemeanor offense, but it is possible for the violation to be deemed a felony crime, depending on its severity and the driver’s criminal record. Felony DWIs typically must involve the fatality of another person or the presence of a minor child in the vehicle. If the offense is the driver’s third or subsequent DWI conviction within the previous 10 years, it could also be a felony.
Generally, a driver can be charged with a DWI if they’re found to have a blood alcohol concentration (BAC) level of 0.08 percent or more, are under the influence of a drug that impairs their ability to drive safely, or puts others in danger, or have a drug within the North Carolina Schedule I level (the most serious with no medicinal value), such as opiates, in their system.
Potential punishments include both administrative and criminal penalties. Administrative punishments include the suspension or revocation of your driver’s license. Criminal penalties include jail time and a fine payment, both of which have a predetermined minimum and maximum range.
Some cases allow for a jail sentence to be suspended by the court or for probation to be awarded. Probation typically includes partial jail time, community service, and treatment within a drug and alcohol program.
How Criminal History Can Impact a DWI Conviction in NC
As previously mentioned, the offending driver’s criminal record in Lenoir, NC, particularly any prior convictions for an intoxicated driving violation, can have a significant impact on how their DWI is viewed and tried. If they’re found guilty again, it can also greatly influence the applicable punishments.
The lookback period for a misdemeanor DWI offense is seven years following the conviction. This means that if a driver is charged with another DWI within seven years of a previous DWI arrest that they were convicted for, the DWI would be considered their second violation. This can lead to it being deemed more serious than if the same crime occurred eight years after the first offense. However, the lookback period for habitual felony charges is 10 years.
A first-time DWI offense, or the first in over seven years, is punishable by paying a fine and time in jail. A second offense within three years of the first will result in a license suspension with the potential to petition for limited driving privileges.
A second DWI also results in a hefty fine, a jail sentence, and an ignition interlock device (IID), the installation and maintenance of which is at the offender’s expense.
A third or subsequent violation will cause the driver’s license to be permanently suspended/revoked. They may petition for reinstatement after five years and, if it is granted, will likely need to have an IID installed. Penalties include serving time in jail and costly fines. Particularly serious offenses may result in vehicle seizure, or they be charged as a felony with harsher punishments.
FAQs
Q: How Much Does a DWI Lawyer Cost in NC?
A: How much a DWI lawyer’s fees may cost in total will depend on a number of different factors. These influencing factors will usually include how complex your DWI case is, how serious the details of the violation are, and how many court appearances are required. You can expect to pay less for a first-time or low-level offense than a more serious case that involves aggravating factors.
Q: What Is the Difference Between DUI and DWI in NC?
A: There’s no difference between a DUI and a DWI in NC; they refer to the same crime: driving under the influence or while impaired/intoxicated. North Carolina drivers are only charged with DWIs and may be arrested for intoxicated driving if their blood alcohol content is 0.08 percent or higher, if they’re affected by a substance that impairs their capability to drive safely, or if there’s an NC Schedule I level drug in their system.
Q: Is a DWI a Misdemeanor in NC?
A: Usually, a DWI will be charged and treated as a misdemeanor crimes. Conviction of a misdemeanor offense can still yield severe penalties for the defendant. Under some circumstances, a DWI charge will be deemed a felony violation, and conviction poses more serious punishment.
If your alleged actions resulted in a fatality or involved a minor present in the vehicle, you are likely to be charged with a felony offense. If you’ve been convicted of several other DWIs within the lookback period, you could also incur a felony.
Q: Am I Required by Law to Hire a Lawyer for a DWI in NC?
A: You’re not required by law to hire a DWI attorney. It should be noted that the state’s legislation concerning laws and penalties for impaired driving convictions is considered unforgiving.
The law can be difficult to understand, so retaining an educated and experienced criminal defense lawyer is always advised and considered a wise choice. Your defense attorney can make sure your rights are effectively protected and that you don’t unintentionally hurt your position or chances of getting a reduced punishment.
Get Ahead of Your DWI Charge by Talking to a Skilled DUI Attorney Today
Even if you plan to plead guilty, it’s always smart to get the opinion of an experienced criminal defense lawyer first. Legal professionals at Cody Law Firm can review the details of your situation to evaluate all of your available options and determine the ideal approach. Reach out to us today.
