Raleigh DWI Attorney
Criminal Defense Representation for DWI Charges
Driving While Impaired is a very common charge, and is also commonly referred to as DUI (driving under the influence), DWI, drunk driving, or drugged driving. Every night on the streets of the Research Triangle, students, people who have been working all day, and all sorts of drivers are pulled over and asked to take DWI tests.
A DWI conviction carries serious penalties that will undoubtedly affect your wallet, your freedom and, in many cases, your job. If you're charged with drunk driving, commonly called DUI, you don't have accept the punishment. You can fight the charges.
The tough Raleigh DWI lawyers at Clifford Law Group will fight for you if you've been charged with Driving While Intoxicated in the Raleigh-Durham-Chapel Hill area. They will challenge the prosecution's evidence, including DUI test results, to seek to get your charges reduced or dismissed. If you choose to plead not guilty, they'll argue your case to the jury. If you choose to plead guilty, our criminal defense team can seek to negotiate with prosecutors for a better sentence.
Call (919) 441-1799 or contact us on our online form for a free consultation to discuss your charges with an experienced and highly qualified DWI defense lawyer in North Carolina. Clifford Law Group is based in Raleigh, and represents those accused of drunk driving or drugged driving throughout Wake County, Durham County, Orange County and the surrounding areas.
North Carolina DUI/DWI Laws
In North Carolina, it is illegal to drive if your blood-alcohol content (BAC) is .08 or higher. Though many say that means consuming two drinks, the reality is that blood-alcohol content is determined by a number of factors, including body type, sex, weight, height and how quickly the drinks were consumed. (North Carolina General Statutes § 20-138.1)
A BAC of .08 is a "per se" intoxication level, meaning you are assumed, under law, to be impaired. However, North Carolina law allows drivers to be arrested and charged with Driving While Impaired if under the influence of any "impairing substance" - including DWI with drugs.
If you are under 21 years old, you are not allowed to drive if there is any alcohol in your system. It's similarly illegal to operate a commercial vehicle with any alcohol in your system, and you could lose your ability to drive a commercial vehicle and, therefore, possibly lose your job if convicted.
Mitigating & Aggravating Factors of DUIs
A mitigating factor will make the level of punishment go down, meaning a less harsh punishment. An aggravating factor will make it go up, meaning a harsher punishment. Some aggravating factors are "grossly" aggravating factors, meaning they cause even harsher punishment. If, for example, this is your first DWI, you are likely to face less harsh punishment than you would for your second or third.
Mitigating factors for an impaired driving charge include:
- Driver's BAC is not higher than .09 or, if there is no test, only slight impairment;
- While the driver was impaired, his or her driving was safe;
- Driver has no prior serious traffic offenses;
- Impairment was from a legal drug;
- Defendant voluntarily admitted self into mental health facility after charge but before sentencing; or
- Defendant joined a substance abuse program after charged but before sentencing.
Aggravating factors include:
- BAC higher than .015;
- Especially reckless or dangerous driving;
- Negligent driving that led to accident;
- Driving with a revoked license;
- Two or more serious traffic offense convictions;
- Speeding 30 miles per hour over the limit;
- Fleeing or eluding a police officer; or
- Passing a stopped school bus.
Grossly aggravating factors are:
- A prior impaired driving conviction that occurs:
- Less than seven years prior to the conviction being considered;
- Between the time that the impaired driving allegedly happened and when sentencing for the present conviction occurs; or
- Prior to this sentencing, but the conviction is in the appeals process and the appeal has been withdrawn or the case has been remanded;
- Driving with a license that has been revoked for impaired driving; or
- Another person was seriously injured in a related accident.
One other grossly aggravating factor is whether a person under age 18, a person with a mental disability that caused them to have the capacity of someone younger than 18, or a person with a physical disability that would have prevented him or her from escaping the vehicle was in the car at the time of the impaired driving.
Aggressive Representation
Compassionate Counsel
If you are facing a complex legal matter, it is vital that you retain the immediate representation of Clifford Law Group. The right attorney may make all the difference in the outcome of your case. Make the smart choice – enlist the supportive assistance of our Raleigh natives today.
What Are the Penalties of a DWI Conviction?
North Carolina divides DWI into five levels, plus an Aggravated Level 1. Level 5 is the least punitive, while Aggravated Level 1 has the worst punishments. The level is determined by the existence of certain mitigating and aggravating factors on a case-by-case basis.
Level 5: If the court determines that mitigating factors substantially outweighed any aggravating factors, the DUI is Level 5.
- Fine up to $200
- 24 hours to 60 days in jail, or 24 hours of special probation or community service
- Driver's license revoked for one year
Level 4: If there are no mitigating or aggravating factors, or the factors balance each other out, the DWI is a Level 4.
- Fine up to $500
- Minimum 48 hour prison term, or 48 hours special probation or community service
- Driver's license revoked for one year
Level 3: If aggravating factors substantially outweigh mitigating factors, the impaired driving charge is a Level 3.
- Fine up to $1,000
- Minimum 72 hour prison term, or 72 hours special probation or community service
- Driver's license revoked for one year
Level 2: A DUI is a Level 2 if there is at least one grossly aggravating factor present that is not having a person who is under 18, a person with a mental disability that gives them the capacity of a person younger than 18, or a person with a disability that would prevent them from escaping the vehicle.
- Up to $2,000 fine
- Minimum 7 day to maximum 12 month jail term, or the judge may order 90 consecutive days of abstaining from alcohol, as monitored by a continuous alcohol monitoring system
- Driver's license revoked for one year
Level 1: A DUI becomes a Level 1, the most severe, if there are two or more grossly aggravating factors present, or if there was a person in the vehicle younger than 18, with a mental disability that gave him or her the capacity of someone younger than 18, or with a physical disability that would prevent him or her from being able to leave the vehicle.
- Up to $4,000 fine
- Minimum 30 day to maximum 2 year jail term, or the judge may order 10 days in prison and 120 consecutive days of abstaining from alcohol, as monitored by a continuous alcohol monitoring system
- Driver's license revoked for one year
Aggravated Level 1: A DUI may be an Aggravated Level 1 if three or more grossly aggravating factors apply.
- Up to $10,000 fine
- Minimum 1 year to maximum 3 years in prison, or four months in prison and four months abstaining from alcohol, as monitored by continuous alcohol monitoring system
- Driver's license revoked for one year
Ignition Interlock Devices for Raleigh DWI Convictions
If you were convicted of a DWI in North Carolina where your alcohol test showed a result of a .15 BAC, the conviction was an Aggravated Level 1, or you've been convicted of another DWI offense in the past seven years and your license was revoked, you may be required to have an ignition interlock device installed on your vehicle in order to have your license restored.
The ignition interlock will require you to test your breath every time you attempt to start your car. If you blow more than a .04 BAC, the vehicle will not start. Ignition interlock devices also have fees, installation costs and uninstallation costs associated with them.
What Happens if I Refuse a Breath or Blood Test?
North Carolina police use the EC/IR III to test for blood-alcohol content. It is a device to test the breath. While the breath test is the most common, law enforcement may also use field sobriety tests, blood tests and urine tests.
When offered the test, you will not be informed of the possibility of refusing the test, but you may. Refusing a DUI test is, in fact, the best strategy to take. If you take the test and fail, it will be the primary evidence used against you. You have the opportunity to deny prosecutors that evidence.
However, refusal does come at another cost. In North Carolina, when you get your driver's license, you give implied consent to the test. If you refuse a test, your license is revoked for 12 months. You have 10 days from the day the court mails the order revoking your license to request a hearing. At the DMV hearing, your Raleigh criminal defense lawyer can show the court why you should be able to keep your license.
Contact Clifford Law Group - Wake County DUI Defense Attorney
If you've been accused of driving under the influence of drugs or alcohol, having an experienced attorney on your side can make the difference between freedom and jail time. Our Raleigh DWI lawyers at Clifford Law Group will fight for your rights. They'll seek to get your charges reduced or dismissed, and can stand by you throughout the proceedings.
Contact Clifford Law Group today at (919) 441-1799 or on our online form to set up a free consultation.