DWI and DUI

If you’ve been charged with a DWI or DUI for driving under the influence of alcohol or drugs, you may be facing steep fines, the loss of your license, probation, and even jail time. If so, you want experienced DWI lawyers who are passionate defenders committed to doing everything possible to win your case.

In the state of North Carolina, both DWI and DUI offenses are referred to as a DWI. Whether your charge is minor or major, or even a first-time offense, your professional reputation and quality of life are on the line.

At Wilson, Reives & Doran, we understand that the stakes are high and are prepared to fight your charges. Here, you’ll get effective legal counsel from DWI lawyers you can trust.

DWI vs DUI: What’s the Difference?

While DWI and DUI are often used interchangeably, they can have distinct meanings depending on the state. In North Carolina:

DWI (Driving While Impaired): This term is more commonly used and refers to operating a vehicle while impaired by alcohol, drugs, or a combination of both. It encompasses all forms of impaired driving, whether due to alcohol, prescription medications, or illegal substances.
DUI (Driving Under the Influence): Though less commonly used in North Carolina, DUI typically refers specifically to driving under the influence of alcohol. However, in some contexts, it can also be used to describe impairment by drugs or other substances.

What are the Blood Alcohol Concentration (BAC) laws for DUI/DWI?

The State of North Carolina prohibits the operation of a motor vehicle by any driver with a .08 percent or above blood alcohol concentration (BAC). The .08 percent limit is the standard benchmark across the United States for the “impaired” driver.

If you’re a commercial driver, it only takes a BAC of .04 to qualify as DUI/DWI.

If you are under the age of 21, know that North Carolina has a zero tolerance policy. If you’re a minor convicted of driving with any amount of drugs or alcohol in your system, you may have your driver’s license suspended for 1 year.

How is a DWI charge calculated in North Carolina?

North Carolina’s sentencing procedures for driving while impaired are complex. There are five levels for each offense, and each of those levels has a distinctive factor and standard.

A judge will consider the aggravating and mitigating factors and make a ruling on the DWI offender using the following outline:

First, if aggravating factors substantially outnumber mitigating factors, the judge may sentence a Level 3 Punishment.

Then, if there are no aggravating or mitigating factors, or if the two factors are balanced, the judge may sentence a Level 4 Punishment.

Finally, if the mitigating factors substantially outnumber aggravating factors, the judge may sentence a Level 5 Punishment.

What are Grossly Aggravating Factors?

Prior DWI conviction within 7 years
DWI while license is suspended for a previous DWI
Serious injury to another person while DWI
Child under 18 in vehicle while DWI

If one of these factors is present when you’re arrested for a DWI, the judge may sentence a Level 2 Punishment.

If two of these factors are present, the judge may sentence a Level 1 Punishment.

What are Aggravating and Mitigating Factors?

Aggravating Factors – these can hurt your case:

BAC of .15 or above
Reckless driving or an accident
Driving with a revoked license
Prior DWI convictions
Speeding while attempting to elude officers
Speeding 30 MPH over the legal limit
Passing a school bus illegally

Mitigating Factors – these can help your case:

Slight impairment where test was unavailable
Safe driving record
BAC did not exceed .09
Driving lawfully (except for impairment) at time of offense
Impaired by prescribed dosage of a legal medication
Voluntary submission to a mental heath facility for assessment

It’s not just a case, it’s your life.

How can DUI and DWI lawyers help my case?

Conviction in a DWI case carries serious penalties that can damage your life and your professional reputation. Hiring a DWI lawyer to help you can only benefit your case.

All DWI cases can’t be won. But many can, especially in the following cases:

In cases where police may have difficulty proving impairment
In cases where there was an accident or an inability of the officer to prove the person was the driver
In cases where the blood or chemical analysis results are relatively low, or were improperly performed

Even if you cannot win the case, there is much room for an experienced attorney to lessen the impact on both your freedom and your ability to drive.

It’s time to speak with a DWI lawyer.

DWI cases can have life-long consequences. Choosing the right DWI lawyer can make a serious difference in your outcome, the level of your punishment, and its repercussions.

The DWI lawyers at Wilson, Reives & Doran are here to provide you with trusted, effective, and experienced legal counsel. We’re ready to fight for you to receive the most favorable outcome in your case so that you can move forward with your professional and personal life.

Call (919) 775-5653 or contact us and set up a consultation to speak with one of our experienced DWI lawyers about your case.