Mooresville DWI Lawyer

Facing DWI charges in North Carolina is scary. You could wind up not just losing your license temporarily but also going to jail and paying substantial fines, particularly if you are facing Level One or Level Two charges. Whether there were aggravating factors involved or not, you should work with a Mooresville DWI lawyer who can help you defend yourself in court or negotiate a beneficial plea deal with the prosecution.

Trust Ralston Benton Byerley & Moore, PLLC

You can trust the team here at Ralston Benton Byerley & Moore, PLLC, to assist you with every aspect of your DWI case. We have what it takes to evaluate the evidence and come up with the ideal defense strategy, depending on the circumstances of your case. If you’re worried about facing jail time and other serious DWI penalties, give us a call.

Hire a DWI Lawyer

From July 1, 2023, through June 30, 2024, there were 24,694 DWI convictions in North Carolina. Some of these offenders faced serious Level One and Level Two charges, though most were arrested for Level One through Level Three offenses.

If you’re one of the many residents of the Tar Heel State facing drunk driving charges this year, you can hire a DWI lawyer to help you with your case. Your lawyer can assist you with paperwork, gather and analyze evidence, evaluate the prosecution’s case, and represent you in plea negotiations or a courtroom trial, as needed. You can trust our team to provide you with a robust defense against your DWI charges.

DWI Laws in NC

The primary law governing driving while intoxicated in North Carolina is N.C.G.S. 20-138.1. It defines impaired driving as either driving with a blood alcohol content of 0.08% or more or driving with any amount of a Schedule I controlled substance or its metabolites in your blood or urine.

Sentencing for impaired driving is handled by N.C.G.S. 20-179. This statute defines aggravating and mitigating factors to be weighed by the judge when sentencing convicted offenders and outlines DWI penalties according to a five-tiered system. Level One offenses are the most serious. Level Five offenders face lower penalties and can often avoid jail time by voluntarily submitting to a substance abuse treatment program.

Aggravating and Grossly Aggravating Factors

If your DWI involves one grossly aggravating factor, you’ll face a Level Two punishment. If two or more grossly aggravating factors were present, you’ll face a Level One or Level One Aggravated punishment. Grossly aggravating factors include:

• A prior conviction for impaired driving within seven years of the current offense
• Driving with a revoked license
• Serious injury to another person
• Driving with a minor or a person with a physical or mental disability in the car

Aggravating factors are considered by judges when determining sentencing, as well. They include:

• Gross impairment of faculties
• Driving with a BAC of 0.15% or above
• Particularly reckless or dangerous driving
• A reportable accident caused by impaired driving
• Two or more prior convictions for motor vehicle-related offenses not involving impaired driving for which at least three points were assigned
• Speeding by at least 30 mph above the posted limit
• Speeding while attempting to avoid apprehension
• Passing a stopped school bus

Mitigating Factors

The judge will also consider mitigating factors under G.S. 20-179. They include:

• Slight impairment caused only by alcohol
• A BAC that was 0.09% or lower
• Safe and lawful driving, except for driving while intoxicated
• A safe driving record
• Impairment caused primarily by a lawfully prescribed drug
• Voluntary submission to drug or alcohol assessment and treatment programs
• Maintaining 60 days of continuous alcohol abstinence
• Voluntarily equipping your vehicle with an ignition interlock system

If there are more mitigating than aggravating factors, that can help you avoid the worst possible consequences of a conviction. Your DWI attorney may also be able to get your charges reduced, leading to lower penalties.

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FAQs

Q: What Is the Optimal Plea for a DWI?

A: The optimal plea for a DWI is generally not guilty, even if you believe that the evidence against you is strong. Pleading not guilty allows your attorney to review the evidence and look for compelling reasons to have the case dismissed or reduced to a lesser charge, such as reckless driving. You may also be able to negotiate a plea deal for a lower sentence that avoids mandatory jail time.

Q: Is North Carolina Tough on DWI?

A: North Carolina is tough on DWI. However, there are other states, such as Arizona, Georgia, and Alaska, that have stricter penalties in place, including high minimum jail times and mandatory ignition interlock installation. That said, facing a DWI in the Tar Heel State is something that should be taken very seriously and addressed with the help of a Mooresville DWI attorney.

Q: Is Your License Suspended Immediately After a DWI in NC?

A: Your license is suspended immediately after a DWI in NC if you test 0.08% BAC or higher, or if you refuse chemical testing. This active revocation cannot be appealed. However, you can pay a DMV fee to get your license back after 30 days, and you may be eligible for limited driving privileges after 10 days.

Q: What Is the Most Common Sentence for a First DWI in NC?

A: The most common sentence for a first DWI in NC is a Level Four or Level Five offense. While these offenses come with mandatory minimum jail times, you may be able to avoid doing active time by voluntarily submitting to an alcohol treatment program. Any time you spend in an approved alcohol treatment program counts toward your jail time.

Your Mooresville DWI Lawyer

If you’re facing drunk driving charges in North Carolina, it’s imperative that you take the situation seriously and work with a skilled Mooresville DWI lawyer who can help you avoid the worst potential outcomes of your arrest. The team here at Ralston Benton Byerley & Moore, PLLC, is ready to help. We have extensive knowledge of local DWI laws and experience in defending clients in drunk driving cases. Contact us to schedule a consultation today.