Driving While Impaired (DWI) Charges

Your future can have a serious setback if you are arrested on an OBX DWI and convicted of Driving While Impaired in North Carolina. While people tend to use the terms interchangeably, there is little to no practical difference between DWI and DUI in North Carolina.

Driving While Impaired or “DWI” may be related to alcohol, illegal drugs, prescription drugs, and even over-the-counter medicines. You don’t have to intend to be “drunk driving” or “drunken driving” to be arrested and face allegations of criminal charges in the Outer Banks.

DWI is a criminal offense, often misdemeanor charges in District Court and may also include traffic violations under N.C.G.S. Chapter 20: Motor Vehicles.

A DWI conviction may require jail or prison time, (if the State can prove Grossly Aggravating Factors), community service, fines, probation, loss of driving privileges, greatly increased insurance premiums, the necessity of a Continuous Alcohol Monitoring (CAM) Device, and the installation of a Blow and Go ignition interlock device on every vehicle you own.

DWI charges in North Carolina are serious criminal offenses, that can involve felony or misdemeanor criminal charges, again depending on what happened as a result of the “impaired driving.” DWI can serve as a predicate offense to NC Murder and Manslaughter charges.

A conviction for Driving While Impaired on your record can be a serious detriment to finding gainful employment. It can also affect your personal and professional reputation in the community.

"We take criminal charges like DWI in North Carolina very seriously. So should you. Allegations of any criminal charge, whether misdemeanor or felony charges, can have long-term consequences" – Danny Glover, OBX Lawyer

Our law firm provides legal representation throughout northeastern North Carolina, including Elizabeth City NC, Edenton, Gates, Hertford, Camden, Currituck and all of the Outer Banks including:

• Camden, NC
• Corolla, NC
• Duck, NC
• Kill Devil Hills, NC
• Nags Head, NC

Danny Glover, Jr. has extensive experience defending clients charged with OBX DWI. He has for years taught attorneys across the state in numerous aspects of the NC DWI laws and DUI defense continuing legal education classes. Glover Law Firm can help you fight your DWI charge.

In North Carolina, the laws and penalties governing DWI Driving While Impaired are complex. For each offense, the penalties OBX DWI LAWYERSrange from the least severe (Level 5) to the most severe (misdemeanor Level A1 or Felony Habitual DWI). The levels are determined by grossly aggravating factors, aggravating factors and mitigating factors. Call now for more information about DWI charges in North Carolina for some in-depth answers to common questions.

The consequences can extend far beyond what you may imagine. You will have two issues to address, initially – your criminal charges and a possible automatic suspension of your driver’s license if you refuse to submit to a breath test (Willful Refusal) or provide a breath sample of 0.08 BAC.

For felony DWI charges (Habitual DWI in North Carolina), you may have the issue of bail to address as well.

As stated, DWI convictions carry consequences, including permanently damaging your criminal record, compromising your personal and professional reputation, adversely affecting as your relationships and potential future career.

Even on a first offense jail time can range from 24 hours to several years in prison, fines ranging from a couple of hundred dollars to several thousand dollars, and your driver’s license suspension can range from 30 days to one year.

If you have another DWI conviction in the past 7 years, jail time can range from 30 days to several years, fines up to several thousand dollars, a driver’s license suspension of one to four years, no work permit or limited driving privilege, and an interlock ignition device installed in any vehicle you own…when you are finally allowed to drive again.

If you have two DWI conviction in the past 7 years, jail time can range from 60 days to several years, fines as determined by the offense, a driver’s license suspension of at least one year (or a permanent revocation if the last conviction occurred within the last five years), no work permit or limited driving privilege, and an interlock ignition device installed in any vehicle you own…when you are finally allowed to drive again.

When arrested for a DWI/DUI offense, other circumstances could elevate the seriousness of the crime.

Grossly Aggravating Factors include:

• A prior conviction for an offense involving impaired driving if:
  • The conviction occurred within seven years before the date of the offense for which the defendant is being sentenced; or
  • The conviction occurs after the date of the offense for which the defendant is presently being sentenced, but prior to or contemporaneously with the present sentencing; or
  • The conviction occurred in district court; the case was appealed to superior court; the appeal has been withdrawn, or the case has been remanded back to district court; and a new sentencing hearing has not been held pursuant to G.S. 20-38.7.
  • Each prior conviction is a separate grossly aggravating factor in North Carolina
• Driving by the defendant at the time of the offense while his driver’s license was revoked pursuant to G.S. 20-28(a1).
• Serious injury to another person caused by the defendant’s impaired driving at the time of the offense.
• Driving by the defendant while (i) a child under the age of 18 years, (ii) a person with the mental development of a child under the age of 18 years, or (iii) a person with a physical disability preventing unaided exit from the vehicle was in the vehicle at the time of the offense.

If convicted and the Judge finds 1 of the above grossly aggravating factors, the person is sentenced as a Level 2. If the Judge finds 2 grossly aggravating factors, the person is sentenced as a Level 1. If the Judge finds 3 or more of these factors, the person is sentenced at a Level A1.

• A Level A1 punishment results in jail time ranging from 12 months to 3 years, with no parole, and a fines up to $10,000.
• A Level 1 punishment results in jail time ranging from 30 days to 24 months and fines up to $4,000.
• A Level 2 punishment results in jail time ranging from 7 days to 12 months and fines up to $2,000.
• A Level 3 punishment may result in jail time ranging from 72 hours to 6 months in jail and fines up to $1000.
• A Level 4 punishment may result in jail time ranging from 48 hours to 120 days in jail and fines up to $500.
• A Level 5 punishment may result in jail time ranging from 24 hours to 60 days in jail and fines up to $200.

Aggravating Factors for DWI sentencing in North Carolina include:

1. Gross impairment of the defendant’s faculties while driving or an alcohol concentration of 0.15 or more within a relevant time after the driving. For purposes of this subdivision, the results of a chemical analysis presented at trial or sentencing shall be sufficient to prove the person’s alcohol concentration, shall be conclusive, and shall not be subject to modification by any party, with or without approval by the court.
2. Especially reckless or dangerous driving.
3. Negligent driving that led to a reportable accident.
4. Driving by the defendant while his driver’s license was revoked.
5. Two or more prior convictions of a motor vehicle offense not involving impaired driving for which at least three points are assigned under G.S. 20-16 or for which the convicted person’s license is subject to revocation, if the convictions occurred within five years of the date of the offense for which the defendant is being sentenced, or one or more prior convictions of an offense involving impaired driving that occurred more than seven years before the date of the offense for which the defendant is being sentenced.
6. Conviction under G.S. 20-141.5 of speeding by the defendant while fleeing or attempting to elude apprehension.
7. Conviction under G.S. 20-141 of speeding by the defendant by at least 30 miles per hour over the legal limit.
8. Passing a stopped school bus in violation of G.S. 20-217.
9. Any other factor that aggravates the seriousness of the offense.

Except for the factor in subdivision (5) the conduct constituting the aggravating factor shall occur during the same transaction or occurrence as the impaired driving offense.

Mitigating Factors for DWI Sentencing in NC include:

1. Slight impairment of the defendant’s faculties resulting solely from alcohol, and an alcohol concentration that did not Outer Banks DWI Lawyersexceed 0.09 at any relevant time after the driving.
2. Slight impairment of the defendant’s faculties, resulting solely from alcohol, with no chemical analysis having been available to the defendant.
3. Driving at the time of the offense that was safe and lawful except for the impairment of the defendant’s faculties.
4. A safe driving record, with the defendant’s having no conviction for any motor vehicle offense for which at least four points are assigned under G.S. 20-16 or for which the person’s license is subject to revocation within five years of the date of the offense for which the defendant is being sentenced.
5. Impairment of the defendant’s faculties caused primarily by a lawfully prescribed drug for an existing medical condition, and the amount of the drug taken was within the prescribed dosage.
6. The defendant’s voluntary submission to a mental health facility for assessment after he was charged with the impaired driving offense for which he is being sentenced, and, if recommended by the facility, his voluntary participation in the recommended treatment.
7. Completion of a substance abuse assessment, compliance with its recommendations, and simultaneously maintaining 60 days of continuous abstinence from alcohol consumption, as proven by a continuous alcohol monitoring system. The continuous alcohol monitoring system shall be of a type approved by the Division of Adult Correction of the Department of Public Safety.
8. Any other factor that mitigates the seriousness of the offense.

Except for the factors in subdivisions (4), (6), (6a), and (7), the conduct constituting the mitigating factor shall occur during the same transaction or occurrence as the impaired driving offense.

Danny is passionate about protecting your rights and pursuing every possible avenue that could achieve a positive outcome for your DWI charge. Danny’s personal, aggressive approach involves building a powerful defense case that will be based on a number of factors, including:

• Determining if the vehicle stop or your detention was legal and there was reasonable and articulable suspicion of that.
• Determining if the arrest was legal and if there was probable cause for the arrest
• Determining if the field sobriety tests were administered and interpreted properly. Danny Glover, Jr., has been are certified as a Standardized Field Sobriety Test Administrator per the National Highway Traffic Safety Administration guidelines.
• Determining if the breath tests were administered properly and comply with all necessary statutes and regulations.
• Whether any evidence in the case has the potential for being suppressed

Danny initially focuses on finding a way to beat your case outright under the law. If that is not possible, then he will explore the possibility of having your charges reduced as much as possible. If neither of those options are available, he will work to reduce your punishment as much as is legally possible, including fighting to get you a limited driving privilege, if one is allowed in your case, so that you can get to work or school, alcohol classes and maybe even for personal errands

Glover Law Firm serves as legal counsel for individuals charged with DWI in many NC communities, including the Outer Banks, Elizabeth City, Currituck, Camden, Hertford all other communities or rural areas in northeastern North Carolina. Our firm stands ready to move into action for your defense.

Call us toll free and speak with a knowledgeable attorney about your case, or use our online form so we can review the facts in your case quickly and efficiently. We are ready to get to work for you, and our initial consultation is without charge, so you can learn what we can do for you without obligation. Don’t wait. Call today.