What Penalties Do You Face If You’re Charged With DWI Child Endangerment in Charlotte?

In North Carolina, driving while impaired (DWI) charges are always serious, but the consequences become even more severe when a child is present in the vehicle. Under "Laura's Law," enacted in 2011, you face heightened penalties and long-term consequences long after you serve your sentence if you’re convicted of DWI child endangerment. 

At Browning & Long, PLLC, our experienced North Carolina criminal defense lawyers understand the gravity of these charges and are here to provide the skilled defense you need. Here, we explain your potential penalties and how we can help protect your rights.

What Is Considered DWI in North Carolina?

Under N.C.G.S. § 20-138.1, driving while impaired (DWI) is defined as operating a vehicle while under the influence of an impairing substance, such as alcohol or drugs, or with a blood alcohol content (BAC) of 0.08% or higher. The state's DWI laws also include provisions for commercial drivers, drivers under 21, and individuals who refuse chemical testing.

The consequences of a DWI conviction can be severe, including fines, jail time, license suspension, and mandatory substance abuse assessment. However, these penalties become even more stringent when a child is in the vehicle at the time of the offense.

What Increased Penalties Could You Face for DWI Child Endangerment?

Laura's Law was named after 17-year-old Laura Fortenberry, who tragically lost her life in 2010 in a crash caused by a drunk driver with three prior DWI convictions. Under this law, the presence of a child passenger when someone is convicted of DWI is considered a grossly aggravating factor, automatically elevating the offense to a Level One punishment, the second-harshest level.

These enhanced penalties apply when the passenger is:

• A child under 18 years old
• An individual who has the mental capacity of a child under 18
• An individual with a physical disability preventing them from leaving the vehicle

North Carolina uses a complicated sentencing system that takes into account mitigating and aggravating factors when sentencing someone for DWI. If convicted of DWI with a child passenger, you will face Level One punishment, which includes:

• A minimum jail sentence of 30 days, up to a maximum of two years
• A fine of up to $4,000
• A one-year driver's license suspension with no possibility of restricted driving privileges

These penalties are in addition to the standard consequences of a DWI conviction, such as community service and substance abuse treatment.

Child Abuse Charges and Penalties You Could Face

In addition to the DWI child endangerment penalties, you may also face separate child abuse charges. Under N.C.G.S. § 14-318.2, misdemeanor child abuse occurs when a caretaker:

• Inflicts physical injury on the child
• Allows physical injury to be inflicted on the child
• Creates or allows a substantial risk of physical injury to the child

DWI with a child passenger typically falls under the third category. Child endangerment is a Class A1 misdemeanor, punishable by up to five months in jail or on probation. A conviction can also lead to loss of child custody and a Child Protective Services (CPS) investigation.

What Long-Term Ramifications Do You Face If Convicted of DWI With a Child Passenger?

The impact of a DWI with child endangerment conviction extends far beyond legal penalties. You may face these long-term consequences:

• Difficulty maintaining employment or securing new job opportunities
• Significantly increased car insurance premiums or policy cancellation
• Damage to your personal relationships and reputation in the community
• Challenges with child custody arrangements and parental rights

How Our Criminal Defense Lawyers Can Protect Your Future with a Strong Legal Defense

When facing DWI child endangerment charges, having a skilled North Carolina criminal defense lawyer on your side is essential. At Browning & Long, PLLC, our attorneys are former prosecutors who know how to develop a solid defense strategy that will help you obtain a favorable outcome in your criminal case. Here are ways we will assist you:

• Investigate your case thoroughly. We will examine all evidence, police reports, and witness statements to identify any weaknesses in the prosecution's case.
• Challenge the validity of the arrest. If your rights were violated during the traffic stop, arrest, or chemical testing, we will fight to have the evidence suppressed and the charges dismissed.
• Explore all available defenses. We will consider every possible defense strategy to secure the best outcome for your case. 
• Negotiate for reduced charges or alternative sentencing. When appropriate, we will work with prosecutors to negotiate a plea bargain to reduce the severity of the charges or seek alternative sentencing options, such as substance abuse treatment.
• Provide guidance on minimizing the impact of a conviction. We will advise you on the steps to take to mitigate the long-term consequences of a conviction on your personal and professional life.