Charlotte Criminal Lawyer Blog
Consequences of DUI in North Carolina
Driving Under the Influence (DUI) is a serious charge and one that can have a negative impact on your future if you are convicted. In North Carolina, drivers aged 21 and over cannot drive with a blood alcohol concentration of 0.08% or higher or while they are impaired by drugs. Punishments for DUI convictions are generally based on the severity of the situation and whether the driver has had previous offenses. Sentences can include fines, incarceration, probation, and a requirement to attend drug or alcohol classes. You may also face a period of suspension of your driver’s license.
DUI Charges and Penalties
The penalties for a DUI conviction depend mainly on several factors, such as whether this is repeated behavior and whether someone was injured or killed. For a first-offense DUI, you can lose your driving privileges for at least 30 days, get incarcerated for up to 60 days, be under probation for up to three years, and pay fines of up to $200.
If you are convicted of DUI a second time, you will face up to a year in prison, a suspension of your driver’s license for one year, probation of up to five years, and fines of up to $2,000. A third DUI offense could cause you to have your license revoked permanently, a jail sentence of up to two years, probation of up to five years, and fines of up to $4.000. For all DUI charges, you could also be required to have an assessment of drug and alcohol use along with treatment if necessary.
Charlotte Criminal Lawyer Brad Smith answers the question: “What happens if I am convicted of a DUI or DWI in Charlotte North Carolina?”
What is a Felony DUI?
DUI, or DWI, is a felony in North Carolina when aggravating factors are present. Aggravating factors that could elevate DUI to a felony include three or more prior DUI convictions in the last seven years, when the driver was involved in a crash that caused serious injury or death to another, getting a DUI while driving on a suspended license for DUI, or when there was a child under the age of 18 at the time of the DUI. If any of these factors are present, you may expect to be charged with a felony. It is important to seek legal guidance as soon as possible after you are charged with DUI in order to defend the charges vigorously.
Can I Get DUI Charges Reduced?
There are several lesser charges that could be applied if you were to get DUI charges reduced. It is almost always best to seek a reduced charge rather than accept DUI charges. Wet reckless is a driving charge that means someone was driving recklessly while drinking but does not rise to the severity of DUI. Reckless driving is driving in a manner that is dangerous or unsafe and may carry less severe penalties than DUI.
In some cases, you may be able to get the charges reduced to improper driving or speeding. This may occur, for instance, in situations where the evidence is weak, when your BAC is low, or when your BAC is at the border of being illegal. While it is not common to have your charges reduced, it does happen in rare cases. An experienced criminal defense attorney will work to get the charges reduced whenever possible.
If you have been charged with DUI, you will want to talk to a qualified DUI attorney as soon as possible. Call us today at Arnold & Smith, PLLC, at (704) 370-2828 to talk to our legal team.
The criminal defense attorneys at Arnold & Smith, PLLC make it their mission to zealously defend their clients on a wide range of criminal matters at both the state and federal levels. These matters may include any charge from traffic offenses; DWI/DUI; drug charges (from simple possession to possession with intent to distribute and trafficking); gun permit denials; weapons offenses; and property crimes (larceny, breaking and entering, robbery, fraud, embezzlement, white collar offenses); to sexually related offenses (indecent exposure; sexual assault, crimes against nature, removal from sex offender registry); and violent crimes (domestic violence; assault; manslaughter; homicide, murder). Other legal issues that Arnold & Smith, PLLC criminal clients may be facing include restraining orders, restraining order and probation violations, expungements; appeals; and immigration issues related to criminal charges. Our criminal defense attorneys are passionate about ensuring that individuals empower themselves by being informed about their constitutional rights, and stand at the ready to fight in the defense of those facing criminal charges.
Source:
https://www.law.cornell.edu/wex/blood-alcohol_content_(bac)
Image Credit:
https://www.freeimages.com/photo/book-and-drink-1329389
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