WAS THERE PROBALBE CAUSE FOR YOUR DUI ARREST?
The current North Carolina standard for probable cause in DUI/DWI cases remains the “totality of circumstances” approach. Probable cause is defined as “a reasonable ground of suspicion, supported by circumstances sufficiently strong in in themselves to warrant a cautious man in believing the accused to be guilty.” State v. Fields, 268 N.C. App 561 (2019). […]
TO BLOW OR NOT (Refusal of the Intoximeter Test)?
Pursuant to N.C.G.S. 20-16.2 (“North Carolina’s Implied Consent law”), once you’ve been arrested for an implied-consent offense, you are presumed to consent to a chemical test. This policy derives from the premise that operating a vehicle in North Carolina on a public road is not a guaranteed right, but a privilege that is conferred upon […]
WHEN IS AN IGNITION INTERLOCK GENERALLY REQUIRED IN NORTH CAROLINA FOR DRIVING WHILE IMPAIRED (DWI) CASES?
For first time offenders who are convicted with a breath or blood alcohol (BAC) result of 0.15 or higher a mandatory 1 year interlock requirement will be imposed. Also, first time offenders who are convicted with a BAC below 0.15 although not a mandatory requirement, a judge may still in their discretion order one. For […]
UNDER NORTH CAROLINA LAW, CAN YOU BE CHARGED FOR DRIVING A BOAT WHILE IMPAIRED?
Under North Carolina law, you can be charged with “Boating While Impaired (BWI).” North Carolina General Statute §75A-10(b1) makes it illegal to operate a vessel while impaired, i.e., “[N]o person shall operate any vessel while underway on the waters of this state while: • Under the influence of an impairing substance (alcohol, drugs, or both), […]
VEHICLE SEIZURE AND FORFIETURE tied to a DWI charge.
North Carolina law contains a provision authorizing law enforcement to seize a vehicle at the time of arrest for a repeat DWI offender whose license is currently revoked due to a previous impaired driving offense. If the person is convicted of both the DWI and driving while revoked, the vehicle is subject to forfeiture with […]
ACCESS TO LIMITED DRIVING PRIVILEGES (LDPs) GOT EXPANDED.
Effective December 1, 2024, the law expands eligibility for Limited Driving Privileges (LDPs) for certain offenders who previously would not have been eligible. Under the revised statute, N.C. Gen. Stat. § 20-179.3(b)(3): Individuals with a Level Two judgment due to a prior DWI conviction within seven years can now seek an LDP under certain conditions. […]
AS A FIRST TIME OFFENDER CONVICTED OF DRIVING WHILE IMPAIRED YOU CAN BE SUBJECT TO JAIL TIME.
Scenarios under North Carolina law that may require jail time for a DWI
READ the LABEL as driving after taking PRESCRIPTION MEDS CAN LEAD TO a charge of DWI.
N.C.G.S. § 20-138.1 makes it illegal to drive while under the influence of an impairing substance, which also includes prescription medications.
WHEN THOSE BLUE LIGHTS FLASH
Upon reasonable suspicion of impaired operation of a motor vehicle pursuant to N.C.G.S. § 20-16.2 OR an observed motor vehicle violation, a law enforcement officer may conduct a lawful traffic stop and detain the operator for field sobriety testing. Simply put, a policer officer who thinks you maybe driving drunk, will pull you over. Maybe […]
Can I Avoid Jail Time for My Second DWI Conviciton That Occurs Within 7 Years From My Last DWI Conviction?
Short answer, yes.
Pursuant to N.C.G.S. § 20-179(h) the term of imprisonment may be suspended only if a condition of special probation is imposed to require the defendant to abstain from consuming alcohol for at least 90 consecutive days