Carolina’s "Booze it and lose it" campaign demonstrates the attitude of law enforcement towards those drinking and driving; however, it isn’t actually illegal to drink and drive.We certainly do not encourage
drinking and driving, but you should be aware of the rights provided
you by the North Carolina DWI laws.
North Carolina DWI law is primarily governed by North Carolina General Statute Sect. 20-138.1 and Sect. 20-16. Like many states, North Carolina DWI law includes both a traditional driving while impaired charge, and a per se charge. Typically, when someone is arrested for DWI or a related North Carolina drunk driving charge, they will confront both charges.
Traditional driving while impaired charge, relates to "appreciable impairment.” This count does not depend on a particular blood alcohol level. The prosecutor will attempt to prove the traditional North Carolina DWI charge by demonstrating appreciable impairment through the suspect’s driving pattern, their physical appearance, their performance on field sobriety tests, and the chemical test results.
North Carolina DWI law for the
"per se" charge relates to blood or breath alcohol levels of .08% or higher. Current North Carolina law forbids the use of the roadside breath test for other than probable cause to arrest someone for drunk driving; this means that the roadside tests are not to be used to establish impairment or violation of the per se law.
North Carolina drunk driving laws are some of the toughest in the country. Recent amendments to North Carolina DWI laws include laws that:
- Strengthens the open
container law to prohibit anyone in motor vehicle from having open
containers of beer or wine while in a public vehicular area.
- Strengthens the ignition-interlock
requirement requiring the alcohol-sensing device installed not just in his
or her primary vehicle, but all vehicles registered in their name.
- Establishes a blood alcohol
content of 0.04 for those previously convicted of DWI.
- Establishes a blood alcohol
content of 0.00 for those who have been convicted of a second DWI.
- Requires those who are
convicted of having a blood alcohol level of .16 or greater to use an ignition
interlock system in their vehicles before their license is restored.
North Carolina DWI convictions are subject to a complex, multi-level sentencing, rather than the traditional approach of other states where penalties are simply enhanced for multiple offenders within a certain time frame (usually 5, 7, or 10 years). Because of the variables and possible punishments, it is critical that someone arrested for drunk driving in North Carolina contact us immediately.
The attorneys of The Law Offices of John C. Fitzpatrick have successfully defended DWI charges in Durham, Chapel Hill, Hillsborough, Raleigh and surrounding areas for more than 10 years.
If you've been charged with DWI, call 1-877-Fitzlaw (1-877-348-9529) now to schedule a consultation.
A DWI conviction can result in:
- Loss of driving pridledges
- Loss of your job
- Inability to get hire to a new job
- Increase in auto insurance, IF you can get insurance at all
This is going to be an unpleasant experience, but experienced legal representation can help minimize how unpleasesant and for how long it will be unpleasant. The Law Office of John C. Fitzpatrick is here to help.