DWI INFORMATION
WHAT HAPPENS IF I AM ARRESTED AND CHARGED WITH DWI?
A DWI arrest (or Driving After Consuming alcohol while less than 21) usually triggers an automatic 30-day driver’s license suspension. The suspension begins immediately upon your arrest and ends when:
(1) 30 days have expired, and
(2) a license restoration fee has been paid.
Is it possible to obtain a limited license during the 30-day suspension?
YES. A District Court Judge has authority to issue you a Limited Driving Privilege. In order to obtain a limited driving privilege, you must:
(1) complete a DWI alcohol assessment,
(2) obtain proof of motor vehicle insurance,
(3) pay a $100.00 Limited Driving Privilege application fee, and
(4) wait until at least 10 days of the suspension has passed.
My office will prepare your Limited Driving Privilege and present it to the court. You are not required to appear at this hearing. We will also assist you by providing instructions for obtaining the necessary insurance documentation and can refer you to a certified DWI alcohol assessment agency.
HOW DO I PREPARE MY DWI CASE FOR COURT?
DWI cases take a long time to resolve in court. It is important that you to use this time wisely. You should do all that you can to prepare for trial and to mitigate the punishment in the event you lose your case. "Hope for the best, but plan for the worst". So how do you do this? Well, typical pretrial mitigation includes: (1) completing community service hours, (2) completing alcohol treatment classes, and (3) obtaining character reference letters, just to name a few. My office will give you specific instructions regarding pretrial mitigation that will save you time and money.
WHAT HAPPENS IF I AM CONVICTED OF DWI?
DWI SENTENCING. There are five sentencing levels for DWI.
Aggravated Level One punishment (three or more prior DWI convictions within preceding seven years): 12 month minimum jail sentence. License suspension. No limited driving privilege. Fine up too $10,000.
Level One punishment (two or more prior DWI convictions within preceding seven years): 30 day minimum jail sentence. License suspension. No limited driving privilege. Fine up to $4000.
Level Two punishment (one prior DWI conviction within the preceding seven years): 7 day minimum jail sentence. License suspension. No limited driving privilege. Fine up to $2000.
Level Three punishment: At least one of the following: 72 hours jail / 72 hours of community service. Fine up to $1,000.
Level Four punishment: At least one of the following: 48 hours jail / 48 hours of community service. Fine up to $500.
Level Five punishment: At least one of the following: 24 hours jail / 24 hours of community service. Fine up to $200.
WHEN CAN I DRIVE AGAIN?
Upon conviction of DWI, NC law suspends the driving privileges for the following minimum time periods:
First offense - one year.
Second offense - minimum one year up to four years.
Third offense - permanent suspension.
Limited driving privileges are available with most first offense and some second offense DWI cases. Make sure that you speak to me about your eligibility for a limited privilege.
RESTORING YOUR FULL LICENSE FOLLOWING CONVICTION OF DWI. In order to obtain your full license at the end of a suspension for DWI conviction you must complete all substance abuse treatment recommended in your alcohol assessment and fully comply with the court's DWI judgment.
A DWI arrest (or Driving After Consuming alcohol while less than 21) usually triggers an automatic 30-day driver’s license suspension. The suspension begins immediately upon your arrest and ends when:
(1) 30 days have expired, and
(2) a license restoration fee has been paid.
Is it possible to obtain a limited license during the 30-day suspension?
YES. A District Court Judge has authority to issue you a Limited Driving Privilege. In order to obtain a limited driving privilege, you must:
(1) complete a DWI alcohol assessment,
(2) obtain proof of motor vehicle insurance,
(3) pay a $100.00 Limited Driving Privilege application fee, and
(4) wait until at least 10 days of the suspension has passed.
My office will prepare your Limited Driving Privilege and present it to the court. You are not required to appear at this hearing. We will also assist you by providing instructions for obtaining the necessary insurance documentation and can refer you to a certified DWI alcohol assessment agency.
HOW DO I PREPARE MY DWI CASE FOR COURT?
DWI cases take a long time to resolve in court. It is important that you to use this time wisely. You should do all that you can to prepare for trial and to mitigate the punishment in the event you lose your case. "Hope for the best, but plan for the worst". So how do you do this? Well, typical pretrial mitigation includes: (1) completing community service hours, (2) completing alcohol treatment classes, and (3) obtaining character reference letters, just to name a few. My office will give you specific instructions regarding pretrial mitigation that will save you time and money.
WHAT HAPPENS IF I AM CONVICTED OF DWI?
DWI SENTENCING. There are five sentencing levels for DWI.
Aggravated Level One punishment (three or more prior DWI convictions within preceding seven years): 12 month minimum jail sentence. License suspension. No limited driving privilege. Fine up too $10,000.
Level One punishment (two or more prior DWI convictions within preceding seven years): 30 day minimum jail sentence. License suspension. No limited driving privilege. Fine up to $4000.
Level Two punishment (one prior DWI conviction within the preceding seven years): 7 day minimum jail sentence. License suspension. No limited driving privilege. Fine up to $2000.
Level Three punishment: At least one of the following: 72 hours jail / 72 hours of community service. Fine up to $1,000.
Level Four punishment: At least one of the following: 48 hours jail / 48 hours of community service. Fine up to $500.
Level Five punishment: At least one of the following: 24 hours jail / 24 hours of community service. Fine up to $200.
WHEN CAN I DRIVE AGAIN?
Upon conviction of DWI, NC law suspends the driving privileges for the following minimum time periods:
First offense - one year.
Second offense - minimum one year up to four years.
Third offense - permanent suspension.
Limited driving privileges are available with most first offense and some second offense DWI cases. Make sure that you speak to me about your eligibility for a limited privilege.
RESTORING YOUR FULL LICENSE FOLLOWING CONVICTION OF DWI. In order to obtain your full license at the end of a suspension for DWI conviction you must complete all substance abuse treatment recommended in your alcohol assessment and fully comply with the court's DWI judgment.