Carthage, North Carolina, DWI/DUI Lawyers
The State of North Carolina is continually increasing the potential penalties under its Driving While Impaired (DWI) statutes. As a result, North Carolina's DWI laws are among the toughest in the nation.
If you have been charged with DWI or DUI, please contact a lawyer at our firm to discuss your legal rights. We never charge attorneys' fees for personally consulting with you about your case. We will only charge fees if you hire our firm in your defense. We represent people charged with DWI or drunk driving throughout central North Carolina, including Moore, Randolph, and Montgomery counties. We can also assist you with representation in the surrounding counties of Chatham, Hoke, Lee, and Cumberland.
Our attorneys are familiar with the latest changes in North Carolina DWI laws and how they can affect your particular case. While each case is different, our attorneys have developed a systemized approach to help you determine whether your case is appropriate for a trial or whether a negotiated guilty plea is in your best interest. In either event, our goal is to give your case our best efforts, educate you about the possible outcomes, and prepare you for court. Our lawyers have successfully handled hundreds of DWI cases for our clients.
What is "driving while impaired?"
The North Carolina General Assembly has made it a crime to drive any vehicle on a public vehicular area or public road while under the influence of an impairing substance, or with an alcohol level of .08 or more. This means that the state must prove beyond a reasonable doubt that:
- The defendant was operating a motor vehicle
- The defendant was on a public road or public vehicular area
- That the defendant was under the influence of an impairing substance, or had an alcohol concentration of .08 or higher
Because DWI case law is constantly changing, it is important to discuss the elements of your case with an attorney who experienced and knowledgeable in this area of the law.
DWI Defenses
Rowland & Yauger will consider the following defense strategies, among others, on your behalf:
- Can the State prove you were driving?
- Will the officer remember you among all the other traffic stops he makes?
- Can the State prove that the road was state-maintained or a public vehicular area and not a private road?
- Can the State prove that you were mentally or physically impaired or had a blood alcohol concentration of .08 or more while you were operating the vehicle?
- Can the State prove that all of your tests were administered properly?
- Can the State prove that the results of your tests are accurate under the specific circumstances of your case?
- Was the evidence provided by the State collected in an unconstitutional or unlawful manner?
- Can the State prove its case beyond a reasonable doubt?
DWI Punishment and Sentencing
Before determining the punishment, the court must determine your sentencing level. The court determines the sentencing level based upon statutory factors that are characterized as "grossly aggravating," "aggravating," or "mitigating." Among factors considered are:
- Prior convictions for driving while impaired
- Children under the age of 16 in the vehicle
- Whether you obtained a substance abuse assessment prior to court
- Your overall driving history
There are five misdemeanor sentencing levels ranging from Level 1, the most serious, to Level 5, the least serious:
- Level Five: From 24 hours to 60 days in jail. A minimum of 24 hours must be imposed. This sentence is usually suspended if you agree to perform 24 hours of community service or not operate a motor vehicle for 30 days. Typically defendants are placed on unsupervised probation, but supervised probation is a possibility. The judge may grant a limited driving privilege under this level if you are otherwise eligible. You will be required to obtain a substance abuse assessment and comply with the recommendations. The court can impose a fine up to $200.00.
- Level Four: From 48 hours to 120 days in jail. A minimum of 48 hours must be imposed, but this sentence is usually suspended if you agree to perform 48 hours of community service or not operate a motor vehicle for 60 days. Supervised or unsupervised probation is a possibility. The Judge may grant a limited driving privilege under this level if you are otherwise eligible. You will be required to obtain a substance abuse assessment and comply with the recommendations. The court may impose a fine up to $500.00
- Level Three: From 72 hours to 6 months in jail. A minimum of 72 hours must be imposed. This sentence is usually suspended if you agree to perform 72 hours of community service or not operate a motor vehicle for 90 days. Supervised or unsupervised probation is a possibility. The judge may grant a limited driving privilege under this level if you are otherwise eligible. You will be required to obtain a substance abuse assessment and comply with the recommendations. The court may impose a fine up to $1,000.00
- Level Two: From 7 days to 12 months in jail. You must serve at least 7 days in jail. If you attend an inpatient treatment program the court may credit that against your jail time. You may be placed on probation. A limited driving privilege is not possible. You will need to get a substance abuse assessment and comply with its recommendations. The court may impose a fine up to $2,000.00.
- Level One: From 30 days to 24 months in jail. You must serve at least 30 days in jail. If you attend an inpatient treatment program the Court may credit that against your jail time. You may be placed on probation. A limited driving privilege is not possible. You will need to get a substance abuse assessment and comply with its recommendations. A fine may be imposed up to $4,000.00.
Other DWI punishments include:
- Ignition Interlock: When your blood alcohol concentration is greater that .16 you will have to install an interlock ignition device on any vehicle you drive.
- Vehicle Seizure: If at the time of your current offense you are driving with a revoked driver's license for a prior DWI, your vehicle can be seized and forfeited.
The attorneys at Rowland & Yauger have extensive experience handling DWI cases throughout our judicial district, which consists of Moore, Randolph, and Montgomery counties in North Carolina. We can also assist you with representation in the surrounding counties of Chatham, Hoke, Lee, and Cumberland.
We invite you to contact a DUI lawyer at Rowland & Yauger for a consultation about your legal rights. You can call our office at 910-947-2280 or toll free at 888-850-0274.
