When Can You Be Charged With Letting an Intoxicated Person Drive When Drunk in North Carolina?

What Is DWI in North Carolina?

Under N.C.G.S. 20-138.1, there is more than one way that a person can be charged with DWI. It is against the law for an individual to drive a motor vehicle on a highway, road, or public area if:

They are under the influence of an impairing substance.

They have a blood alcohol content (BAC) of 0.08 percent or higher.

They have any amount of a Class 1 controlled substance, such as heroin, ecstasy, or cocaine, in their system.

They have any amount of alcohol in their system and are under 21 years old.

They are a commercial driver and have a BAC of 0.04 or higher.

What Is Aiding and Abetting a DWI?

A person can be arrested for aiding and abetting a DWI if they encourage an intoxicated person to drive. In order to be charged with this crime, it must be established that they knowingly aided, encouraged, or instigated an intoxicated individual to operate a motor vehicle, and the person committed a DWI as a result of this.

An abettor must have known that the driver was impaired and, despite this knowledge, encouraged or contributed to the intoxicated person's driving. It is not enough for them to know that the person had been consuming alcohol. To be convicted of this crime, it must be proven that the abettor knew or should have known that the driver was intoxicated. The police officer often relies on the motorist's statement to prove that this crime was committed.

There are many situations where a person can be charged with aiding and abetting a DWI. The most common scenario where this crime is committed is when an individual turns over the keys to their car to an intoxicated driver and is a passenger in the motor vehicle. However, they can also be charged with this offense if they knowingly give the intoxicated person their keys but are not a passenger at the time of the DWI arrest.

Punishments for Aiding and Abetting a DWI

Aiding and abetting a DWI is classified as a Level Five DWI for sentencing purposes under N.G.C.S. 20-179. This is the least serious classification of DWI.

If convicted of aiding and abetting a DWI, an individual can be sentenced to 24 hours to 60 days in jail and a fine of $200. However, the judge can suspend the jail sentence and sentence them to probation instead. The term of probation would usually be for 12 months. They would be required to comply with all the terms of probation, which would include completing 24 hours of community service and an alcohol counseling program.

In addition, if a person is convicted of aiding and abetting a DWI, they would have a permanent criminal record. This can affect their ability to obtain employment, housing, education, and more.

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Our Approach To DWI Cases

WE WILL GET YOU DRIVING AGAIN

Simply being charged with DWI in North Carolina often results in your driver’s license being revoked for a minimum of 30 days. However, we can typically get your driving privileges reinstated almost immediately. We do this by either, first, challenging this civil license revocation, or second, getting you a limited driving privilege.

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WE WILL GATHER EVIDENCE

Whether you realize it or not, a considerable amount of evidence exists regarding your DWI charge, much of which is vital to an effective defense of your case. We will review your court file, subpoena necessary documents, videos, and notes, and file the appropriate pretrial motions in a timely manner.

Defend My Case

WE WILL FIGHT FOR YOU IN COURT

As former prosecutors, we are aware of all the potential defenses that may be available to you. We do not automatically assume you intend to plead guilty and face the harsh consequences associated with a DWI conviction. We pledge we will examine every possible defense and take your case to trial if it is in your best interest.

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WE WILL MITIGATE CONSEQUENCES

While it’s our goal to win every DWI case we have, it’s simply not possible for any attorney to win every time. If you are ultimately convicted of DWI, we will help you take every step possible to reduce the potential penalties, such as avoiding jail time, keeping you driving, reducing monetary costs, and more.

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When Can You Be Charged With Letting an Intoxicated Person Drive When Drunk in North Carolina?

What Is DWI in North Carolina?

Let Our Experience & Knowledge Help You Obtain The Best Possible Outcome For Your Unique Legal Situation.

What Is Aiding and Abetting a DWI?

Punishments for Aiding and Abetting a DWI

Have You Been Arrested for a DWI in Charlotte, NC?

Our Approach To DWI Cases