Sure, this state is known for being the First in Flight, but it’s also known for its tough DWI laws. Their “Booze it and Loose it” campaign signifies the state’s attitude towards drinking and driving. In fact, there are two different theories for being DWI in North Carolina. The first is a violation of the state’s “per se” law, which states you cannot drive with a blood alcohol content of .08%, even if you’re not impaired. The second theory is that you are driving while intoxicated. This can be proved in court by failure of field sobriety tests and poor driving performance.
North Carolina DWI Penalties
For a first offense, it is mandatory to lose your license for 1 year. You can receive jail time from 24 hours to 24 months. You may also have to serve 24 hours of community service. The state also mandates alcohol safety school and/or substance abuse treatment for DWI offenders, even for those with lower BACs. Other penalties you may face are: probation, restricted travel, loss of job, vehicle impoundment, ignition interlock and insurance problems.
North Carolina BAC
If your blood alcohol content is .08% or higher, this is a DWI in North Carolina. But how is this determined? The police will ask you to submit to a chemical test (blood, breath or urine). Blood tests are the most reliable, but must be done by a trained medical professional (the same is true for urine testing).
Field Sobriety Tests
One minute your driving, the next you’re asked to take a test – a field sobriety test. Police will ask you to take the HGN (horizontal gaze nystagmus), the one leg stand or the walk and turn. The FSTs help them determine things such as any involuntary eye jerking, inability to keep balance or follow instruction.
Ignition Interlock
If your BAC was .16 or higher, you will have to install this device in your car (or cars registered in your name). You must blow into the machine alcohol-free before your car will start.
Zero Tolerance
If you’re less than 21 years old and are convicted of having any amount of alcohol or drugs in your system, your license will be revoked for one year.
Finding a Tough DWI Lawyer
Your DWI lawyer is the only one who can potentially get you to walk away from a DWI charge. However, if you hire the wrong attorney (one who doesn’t specialize in DWI), you’re wasting time, money and your freedom.