DWI Attorneys in Raleigh

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In 1957, Kirk, Kirk, Howell, Cutler & Thomas began providing residents of North Carolina with superior legal service and counsel. Over the past several decades, North Carolina has changed the laws related to drunk driving numerous times, tightening their laws and cracking down on offenders.

In 2015 alone, North Carolina law enforcement handed out more than 22,000 citations for drivers accused of operating vehicles under the influence of drugs or alcohol. If you’ve been cited or arrested for driving while under the influence, our DWI attorneys in Raleigh can help you. To help you understand your options, read the guide below, and call our law firm for a consultation.

*The acronyms DWI/DUI are commonly interchanged to describe the charge of impaired driving but since 1983 the Safe Roads Act which officially defines operating a vehicle after consuming drugs or alcohol as “driving while impaired” or DWI.

How North Carolina Determines Impairment

The standard method for determining a driver’s level of intoxication is by testing the blood alcohol concentration (BAC) with either a breathalyzer or blood test. The State can prove impairment by the use of a breathalyzer or blood test or by showing appreciable impairment of a person’s mental or physical faculties.

North Carolina Legal Limits of BAC:

21 and older – .08%
Under 21 – any measurable amount
Commercial drivers (CDL) – .04%
Prior DWI – .04%

Consequences of a DWI

In North Carolina, drivers who are cited for a DWI may receive both administrative and criminal penalties.

North Carolina DWI Administrative Penalties

Most DWI arrests result in an automatic 30-day suspended license with the possibility of a pre-trial limited driving privilege 10 days after being charged.

A driver that refuses a chemical test, regardless of reason, will have their license suspended immediately, pending a hearing which must be scheduled with the NC DMV. If the hearing officer determines that there was a willful refusal, the driver is subject to a 1-year suspension. A DWI conviction may also result in substantially increased car insurance rates.

Criminal Penalties for a North Carolina DWI

The criminal penalties of a DWI conviction are dependent upon how the court weighs mitigating, aggravating, and grossly aggravating factors.

Grossly Aggravating Factors

These are factors that, if present, can lead to more severe penalties.

Prior DWI conviction if:
- Within 7 years of the current offense date
- Conviction occurs after the date of present offense, but prior to or contemporaneous with the present sentencing, OR
- Conviction occurred in district court, case was appealed to superior court, the appeal was withdrawn or case was remanded, and new sentencing hearing was not held
Driving while license is currently revoked for an impaired driving offense
Serious injury to another person caused by the impaired driving
Driving with a child under 18, a person with the mental development of a child under 18, or a person with a physical disability preventing an unaided exit from the vehicle

Aggravating Factors

These are factors that can lead to more severe penalties of punishments for driving while under the influence.

Gross impairment, as evidenced by a BAC of .15% or higher
Especially reckless or dangerous driving
Driving while license revoked
Two or more prior convictions for which at least 3 points are assigned or for which a person’s license is subject to revocation, if the convictions occurred within the past 5 years
One or more prior DWI conviction outside of 7 years
Conviction of speeding while fleeing or attempting to elude apprehension
Conviction of speeding at least 30 MPH over legal limit
Passing a stopped school bus
Any other factor that aggravates the seriousness of the offense

Mitigating Factors

A mitigating factor, also known as an extenuating circumstance, is information or a factor that can reduce charges or lessen criminal penalties.

Slight impairment resulting solely from alcohol, as evidenced by a BAC of .09% or less
Slight impairment resulting solely from alcohol, with no chemical analyst having been available
Safe and lawful driving except for impairment
Safe driving record (no convictions for any motor vehicle offense for which 4 points are assigned or for which a person’s license is subject to revocation within 5 years)
Impairment caused primarily by a lawfully prescribed drug for an existing medical condition taken within the prescribed dosage
Voluntary submission to a mental health facility for assessment and voluntary compliance with treatment
Substance abuse assessment and compliance with recommended treatment, and maintaining 60 days of continuous abstinence from alcohol consumption, as verified by CAM
Any other factor that mitigates the seriousness of the offense (i.e., polite and cooperative with law enforcement officers or an honorable discharge from the military)

A DWI defense attorney who can present your case will work to ensure any factors are weighed fairly.

The 5 DWI Levels

Person in handcuffs after getting a DUI and needs to consult a DWI defense attorney in Raleigh

Level 5 DWI

Imposed when mitigating factors substantially outweigh any aggravating factors OR if convicted of aiding and abetting a DWI

Fine: up to $200
Imprisonment; 24 hours -60 days
- May be suspended for a probationary sentence to include 24 hours of imprisonment or 24 hours of community service, plus a substance abuse assessment and compliance with a recommended treatment

Level 4 DWI

Imposed when no aggravating or mitigating factors are found OR when the aggravating factors are substantially counterbalanced by mitigating factors

Fine: up to $500
Imprisonment: 48 hours -120 days
- May be suspended for a probationary sentence to include 48 hours of imprisonment or 48 hours of community service, plus a substance abuse assessment and compliance with a recommended treatment

Level 3 DWI

Imposed when aggravating factors substantially outweigh any mitigating factors

Fine: up to $1000
Imprisonment: 72 hours – 6 months
- May be suspended for a probationary sentence to include 72 hours of imprisonment or 72 hours of community service, plus a substance abuse assessment and compliance with a recommended treatment

Level 2 DWI

Imposed if a child under 18, a person with the mental development of a child under 18, or a person with a physical disability preventing an unaided exit from the vehicle is NOT in the vehicle AND only one other grossly aggravating factor applies

Fine: up to $2,000
Imprisonment: 7 days – 12 months
- May be suspended for a probationary sentence to include at least 7 days of imprisonment OR to abstain from consuming alcohol for at least 90 days, as verified by CAM, plus a substance abuse assessment and compliance with a recommended treatment
  - If there is pre-trial CAM monitoring, up to 60 days may be credited toward the 90-day requirement for probation
If the grossly aggravating factor of a prior DWI or DWLR-impaired within 5 years is found and the judge suspends the active sentence and imposes abstention of alcohol consumption, as verified by CAM, the judge must also include 240 hours of community service as a special condition of probation

Level 1 DWI

Imposed if a child under 18, a person with the mental development of a child under 18, or a person with a physical disability preventing an unaided exit from the vehicle IS in the vehicle OR two other grossly aggravating factors apply

Fine: up to $4,000
Imprisonment: 30 days – 24 months
- May be suspended for a probationary sentence to include at least 30 days of imprisonment, plus a substance abuse assessment and compliance with a recommended treatment
  - Judge may reduce the term of imprisonment to 10 days if CAM is imposed as a special condition of probation to verify alcohol consumption abstention for a period of 120 days (up to 60 days of pre-trial CAM monitoring may be credited toward the 120-day requirement for probation)

NOTE: if Level 1 or 2 punishments are imposed, the judge may impose, as a condition of probation, abstention from alcohol consumption for a minimum of 30 days to a maximum of the term of probation, as verified by CAM

Aggravated Level 1 DWI

Imposed if three or more grossly aggravating factors apply

Fine: up to $10,000
Imprisonment: 12 months – 36 months
- Not eligible for parole but may be released 4 months prior to maximum term imposed for post-release supervision and must abstain from alcohol consumption during post-release supervision, as verified by CAM
- May be suspended for a probationary sentence to include at least 120 days (or for the entire probationary period), as verified by CAM, plus a substance abuse assessment and compliance with a recommended treatment

Losing Your License Due to DWI Conviction

If you are convicted of a DWI, there is a minimum mandatory license revocation period of one year. However, if sentenced at a level 3, 4 or 5, you may be eligible for a limited driving privilege (LDP) if at the time of the offense the driver held a valid license or held a license that had been expired for less than a year. If a driver convicted of a DWI had BAC of .15% or higher, the LDP will include a mandate for ignition interlock.

Having a DWI defense attorney who can fight on your behalf to help you get some driving privileges is essential so you can continue to work, run errands, and live your life as normally as possible.

Speak with an Experienced DWI Lawyer in Raleigh & Wendell

While a DWI charge is a serious offense, the State must provide proof beyond a reasonable doubt before the Court will return a guilty verdict. It is imperative to seek counsel from an experienced DWI lawyer who can help reduce your potential sentence and help with license restoration.

If you have been charged with operating a vehicle while impaired, our Raleigh DWI lawyers are available for a consultation by calling (919) 365-6000 or by completing the online contact form below. Don’t wait until your case goes to trial, speak with one of our attorneys today!

Other Areas Of Criminal Law

Our criminal defense attorneys are able to represent you for a variety of charges, including:

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Phone: (919) 365-6000

Our Office:
200 North Pine Street
Wendell, NC 27591