Statesville DWI Lawyer

Drunk driving is a serious problem in North Carolina that leads to countless accidents and injuries. Even if you don’t get into an accident, you could still face serious repercussions for driving drunk in the form of a DWI charge. A Statesville DWI lawyer can help you defend yourself against these charges, improving your chances of a positive outcome in your case.

Work With Ralston Benton Byerley & Moore, PLLC

The team here at Ralston Benton Byerley & Moore, PLLC, has an intimate knowledge of DWI laws and how to leverage them to avoid the harshest penalties. We make it our mission to provide comprehensive, personalized legal services to every client, treating each case like it’s the only one we have on our plates.

Hire a DWI Lawyer

In Fiscal Year 2024, North Carolina reported 24,694 convictions for DWIs across the state. Charges included everything from simple impaired driving to driving official vehicles like police cars or firetrucks under the influence of alcohol.

The consequences of getting convicted of a DWI can be serious, particularly if there are aggravating factors. You can hire a DWI lawyer to help you defend against the charges in court, negotiate a good plea deal, or potentially get the charges reduced or even dropped entirely. Your attorney can help you understand the charges being brought against you and come up with an effective defense strategy by evaluating the prosecution’s case and finding weaknesses.

How DWIs Are Defined in North Carolina

Technically referred to as driving while intoxicated, a DWI in North Carolina can be defined as operating a motor vehicle in a public place while impaired by any substance. The per se blood alcohol content limit for DWIs in the Tar Heel State is 0.08%. If you have any amount of metabolized Schedule I controlled substances in your body, you are also presumed to be driving while intoxicated.

You don’t have to be driving the car to get arrested for DWI. If you’re behind the wheel with the engine running, you’re considered to have the vehicle under your actual physical control, which means you can be convicted of drunk driving.

DWI Penalties in North Carolina

North Carolina uses a unique system for DWI sentencing that involves assigning your case a level ranging from one to five depending on the severity of the crime. Level One DWIs are the most serious, and Level Five drunk driving charges are the least serious.

Level Three, Four, and Five DWIs are the most common and least serious. You’ll most likely get a lower charge if there are no or few aggravating factors present, and they are outweighed by mitigating factors such as voluntarily submitting to a substance abuse treatment program. You may face greater penalties if gross aggravating factors are present. Here’s what you can expect in terms of penalties:

• Level Five. For Level Five DWI charges, you’ll spend 24 hours to 60 days in jail and pay up to $200 in fines.
• Level Four. For Level Four DWI charges, you’ll spend 48 to 120 days in jail and face fines of up to $500.
• Level Three. For Level Three DWI charges, you’ll spend 72 hours to six months in jail and pay a fine of up to $1,000.
• Level Two. You’ll spend seven days to 12 months in jail with a minimum of 90 days of sobriety monitoring if you’re granted probation and pay up to $2,000 in fines.
• Level One. You’ll spend 30 days to 24 months in jail with a minimum of ten days if granted probation and pay fines of up to $4,000.
• Level One Aggravated. This is the most serious DWI charge. If convicted, you’ll spend 12 to 36 months in jail with a 120-day mandatory minimum sentence if granted probation and pay fines of up to $10,000.

If you voluntarily submit to a treatment program at a local facility like Addiction Recovery Medical Services at 536 Signal Hill Drive Extension, the time you spend there will go toward your jail time.

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FAQs

Q: How Likely Is Jail Time for a First DWI in North Carolina?

A: Jail time is not very likely for a first DWI in NC unless there are aggravating factors. However, first-time offenders can be sentenced to up to 60 days in jail for what’s considered a Level Five offense. Most first-time offenders avoid active jail time through a combination of probation, community service, or substance abuse treatment.

Q: Is It Smart to Get a Lawyer for a DWI?

A: It is smart to get a lawyer for a DWI. Your lawyer can assist you with all aspects of defending yourself against the charges you’re facing, from filing paperwork to representing you in court should your case go to trial. Hiring a Statesville DWI attorney is the most effective way to avoid the worst potential outcomes of a DWI conviction.

Q: What Is the New DWI Law in NC?

A: The new DWI law in NC encourages first-time offenders to install ignition interlock devices in their cars in exchange for lighter sentences. Prior to the passing of this law, the most recent change to DWI legislation pertained to extreme DWI offenses. The law prevents anyone who has been convicted of a DWI with a blood alcohol content of 0.16 or higher from purchasing alcohol legally.

Q: Does a DWI Always Mean Jail Time?

A: A DWI does not always mean jail time. While it’s true that many people facing driving under the influence charges do time in jail, your DWI lawyer may be able to help you get the charges reduced or get you a lighter sentence. Many people face only a combination of community service, probation, and mandatory substance use treatment.

Your Statesville DWI Lawyer

If you need a Statesville DWI lawyer to represent you in your drunk driving case, you can trust the team here at Ralston Benton Byerley & Moore, PLLC, to help. Our team has years of cumulative experience in handling DWIs. Whether you’re facing an aggravated Level One DWI or a lesser charge, we can help you mitigate the potential harm you could face. Contact us to schedule an initial consultation today.