According to the National Highway Traffic Safety Administration, North Carolina ranks seventh among all states for alcohol related fatalities. The statistics indicated that thirty percent of fatalities in the state last year were related to drunk driving. As a result, drivers will face severe consequences if caught driving while intoxicated. Under state law, the amount of punishment for a North Carolina DWI is based in part on if a person has a previous history of alcohol related convictions.
Meaning of DWI
DWI is a term used by North Carolina that means driving while intoxicated. This covers anyone charged with driving under the influence of alcohol or drugs. This can also include boating while impaired or boating while intoxicated. Some states refer to this offense as DUI, which is driving under the influence. In North Carolina, the law states that a person is legally intoxicated if he or she has a blood alcohol concentration (BAC) of at least .08.
What is the Punishment for Getting a North Carolina DWI?
According to North Carolina General Statute Section NCGS 20-138.1 , the punishment for driving while intoxicated is below:
1. First offense is loss of driver license for one year, $2,000 fine, minimum of 24 hours incarceration with a maximum of up to 24 months, 24 hours community service, and could lose limited license privileges for 30 days or a combination of all of these;
2. Second offense is loss of driver license for four years if the offense happens within three years of the first violation, $1,000 fine, minimum of seven days incarceration up to 12 months, and no limited license privileges if the violation happens within seven years of the first violation;
3. Third offense is permanent loss of driver license if the offender has a previous North Carolina DWI conviction within the last five years, $2,000 fine and minimum of 14 days incarceration up to 24 months;
4. Fourth offense will result in permanent loss of the offender's license regardless when the other offenses occurred. The driver is charged with a felony if the prior offenses happened within seven years of the fourth offense. Other punishment includes a one-year prison sentence and fines decided by the court.
Other Legal Ramifications for Having a North Carolina DWI
Even if a person has his or her driver's license reinstated, the judge can require the driver to have an ignition lock and breathalyzer placed in the car. If a person charged with DWI in North Caroilna and was involved in a wreck that caused personal injury and property damage, the offender could be charged with additional violations and possibly sued for damages. The consequences are so severe most drivers also will incur expenses from having to hire a lawyer.
Prevention and Solution
The best way to prevent getting a DWI in North Carolina is simply don't drink and drive. Individuals who are of legal drinking age should drink responsibly and appoint a designated driver before they start drinking. In the event that a person is charged with a DWI, he or she should consult a North Carolina DWI lawyer for legal representation.A North Carolina lawyer will analyze your case and determine the best way to represent you in court. Some people may also want to retain a toxicologist to analyze the blood tests and give an opinion on causation.
Erin Oxendine - Erin Oxendine has numerous years of experience as a writer and editor with an emphasis on legal matters, travel and health issues. Erin ...
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