Newton DWI Lawyer

Newton DWI Attorney

Driving while intoxicated (DWI) is a serious offense. You can expect severe repercussions, as every state in the country tends to treat DWIs very seriously in an attempt to reduce the number of drunk drivers at a national level. If you are caught in a DWI situation, you are going to need legal representation for what comes next. If you are arrested for a DWI in the city of Newton, reach out to a Newton DWI lawyer as soon as you are able.

What Constitutes a DWI?

Driving while under the influence of drugs or alcohol in Newton, NC constitutes a DWI. It is highly illegal and results in harsh penalties for offenders. The legal drinking age in the United States is 21, so anyone under the legal drinking age is not allowed to have a blood alcohol content (BAC) above 0.00%. For those above the legal drinking age, the cutoff is 0.08%. Anything above that is a DWI, which can result in:

• First Offense: If it is your first DWI, you could be facing a suspension of your driver’s license for up to 30 days, a fine of up to $200, including court costs, three years of probation, and a jail sentence of up to 60 days.
• Second Offense: If you commit another DWI, your penalties increase substantially. This time, your license may be suspended for up to one year, your fine increases to $2,000, including court costs, you get five years probation, and you will receive a prison sentence of up to one year.
• Third Offense: If you continue to abuse substances and commit a third DWI violation, the penalties will be even more severe. Your driver’s license will be permanently revoked, your fine will increase to $4,000, including court costs, you will get five years probation, and you will be sentenced to prison for up to two years.
• Underage Offense: If you commit a DWI offense while under the age of 21, you will likely receive a fine of at least $1,000 and up to 30 days of community service. It will go on your driving record, and you will enter adulthood with one strike against you already, especially if you also are sentenced to jail time, a treatment program, and/or time in a treatment facility, all of which could easily happen.

Under North Carolina state law, a driver is believed to be under the influence if the consumed substance is actively impairing their faculties. That could be alcohol, prescription medication, or illegal drugs, among other things. The end result is the same, and you will need to contact a lawyer who is experienced in DWI laws to eliminate the charge or mitigate the penalties of a conviction.

North Carolina’s Sentencing Levels

North Carolina has a unique form of DWI sentencing compared to other states. When sentencing DWI offenders who fall under misdemeanor charges, the offenders are placed in a 1 to 5 ranked scale, depending on the severity of their offense:

• Level 5: Level 5 is the least serious charge you can face under a misdemeanor DWI in North Carolina. You may face a fine of up to $200 and spend a day in jail at the least or 60 days in jail at most. Upon completion of that jail time, you may be sentenced to 24 hours of community service, and/or you won’t be able to drive legally for at least 30 days. There is a chance that a judge may still suspend your sentence.
• Level 4: In Level 4, penalties go up just a bit. The fine becomes $400. Jail time becomes 2 days at the least or 120 days at most. Upon completing those 2 days of jail time, you may have to perform an additional 2 days of community service, and/or you can’t legally drive for 60 days. At this point, a judge still may suspend your sentence.
• Level 3: In Level 3, the penalties once again go up a bit more. The fine becomes $1,000. Jail time becomes 3 days at the least and 6 months at the most. Upon completing those 3 days of jail time, you will have to perform 3 additional days of community service, and/or you can’t legally drive for 90 days. Even at this point, a judge may still suspend your sentence.
• Level 2: In a Level 2 sentence, there is at least one gross aggravating factor, meaning that someone was injured, you had a past DWI offense, or you were pulled over for a DWI with a minor in the car. The fine becomes $2,000. Jail time is a minimum of 7 days and a maximum of 1 year. Jail time may be suspended, but only if the offender agrees to have their sobriety monitored for 90 days. You may be ordered into a treatment program and will receive added-on community service if this is your second offense in five years.
• Level 1: In a Level 1 sentence, there are at least two gross aggravating factors. The fine could range up to $10,000. Jail time ranges between 30 days and 3 years. A judge cannot suspend the minimum sentence, and jail time is all but a guarantee, depending on the severity of the offense. If it is a Level 1 offense, the severity is likely high.

Typically, Level 1 and 2 offenders are repeat offenders who are given harsh penalties due to their consistently dangerous behavior that is putting others at risk.

Felony DWI

In certain circumstances, the DWI misdemeanor becomes a felony charge. This only happens if something terrible occurred due to your DWI, such as any of the following:

• Your actions behind the wheel while intoxicated led to the death of another person.
• You have had 3 or more DWI convictions in the past 10 years.
• You committed a DWI with a minor in the car, a minor being defined as anyone under 18 years old.

The consequences become even more severe under these circumstances, and you may be faced with serious prison time, a permanent loss of your driver’s license, a loss of your vehicle, and many other public embarrassments that would likely result in your loss of career, educational, and housing opportunities.

FAQs

Q: How Much Is a DWI Lawyer in North Carolina?

A: Lawyer costs are going to vary, depending on who you hire. You will want someone with knowledge, dedication, empathy, and availability. A skilled DWI lawyer’s fee in North Carolina would start at around $2,500. That may seem like a significant amount of money but, compared to the potential fees and severe penalties that you could face with a DWI conviction, it is worth it. Remember, you are going to want solid representation for this fight.

Q: Do I Need a Lawyer for a DWI in North Carolina?

A: In most legal situations, unless you are a legal scholar yourself, it is a good idea to at least consult a lawyer for help. Challenging a DWI charge is an uphill struggle unless you have decent legal representation by your side. You will need someone who can argue on your behalf. Even if you intend to plead guilty and endure the punishments, you should consider talking to a lawyer to decide if that is indeed the proper course of action for your situation.

Q: How Much Does It Cost to Go to Court for a DWI in North Carolina?

A: The total amount of court costs is entirely subjective and dependent on the case at hand. Depending on the severity of your offense, court costs can range anywhere from $100 to $4,000, regardless of whether there is a guilty plea or not. A DWI is a criminal charge, not a civil one, meaning that you will have to appear before a judge, regardless of how you plead. Ultimately, the judge will rule on your court costs.

Q: What Is Considered a DWI in North Carolina?

A: Any significant impairment behind the wheel of a vehicle after having consumed a substance that has affected your faculties is considered a DWI. It is illegal to drive with a blood alcohol content (BAC) above 0.08%. Anything more than that, and you will be charged with a DWI. You can be convicted if you fail a breathalyzer test, appear obviously intoxicated and unfit to drive, or fail any other sort of field sobriety test.

Contact our DWI Defense Lawyers Today

Fighting a DWI charge is not easy work, and you will not be able to accomplish it without at least discussing your case with an experienced attorney. At Cody Law Firm, we can advise you on the strongest way to pursue your specific case and develop a defense that gets you the most achievable results.

The laws surrounding DWIs are much harsher in North Carolina than in other states. It is not a battle you want to fight alone. Contact us to schedule a consultation as soon as you can. It may seem inevitable, but you can fight this.