If you've been arrested for your first DWI offence in NC, you likely have many questions and concerns about what happens next. How will this affect your driver's license? What kind of fines and legal penalties are you facing? Is jail time a possibility?
At Browning & Long, PLLC, our experienced Charlotte DWI defense lawyers understand the stress and uncertainty that comes with facing your first drunk driving charge. We're here to provide the guidance and representation you need to deal with this challenging situation and minimize the impact on your life.
Penalties for a First DWI Offense in NC
N.C.G.S. § 20-138(1) makes it illegal to drive when intoxicated due to consuming alcohol or drugs. You can be charged with DWI even if your blood alcohol content (BAC) is less than 0.08 percent.
Penalties for a first DWI offense in NC are based on many factors, including your blood alcohol content (BAC) at the time of arrest, whether you had any prior offenses, and whether there were any aggravating factors such as causing an accident or having a child in the vehicle. Here are some punishments you could face if convicted:
- Driver's license suspension. If you are convicted of a first DWI offense in NC, your driver's license will be suspended for one year. However, you may be eligible for a limited driving privilege that allows you to drive to work, school, or court-ordered treatment after a mandatory 30-day suspension period.
- Fines and court costs. You face fines ranging from $200 to $4,000, depending on the severity of the offense and the presence of aggravating factors. You'll also be responsible for your case's various court costs and fees.
- Jail time. While not a standard DWI penalty in Charlotte for your first offense, jail time is a possibility depending on the circumstances of your case. If your BAC was particularly high or there were aggravating factors, you could face up to 24 months in jail.
The Court Process for First DWI Charges in NC
After your arrest, your case will proceed through several stages in the North Carolina court system. Our DWI defense attorneys will represent you at these hearings:
- Initial appearance. Your first court date, known as an initial appearance, typically occurs soon after your arrest. The judge will inform you of your charges at this hearing and ensure you understand your rights. The court will also set your bail for your release from jail.
- Preliminary hearing. Next, your case will be scheduled for a preliminary hearing where the prosecutor must prove there is sufficient evidence to convict you. This is an opportunity for our attorney to negotiate with the prosecutor and potentially reach a plea agreement. If no agreement is reached, your case will be set for trial.
- Trial. If your case goes to trial, the prosecution must prove beyond a reasonable doubt that you were driving while impaired. Our DWI defense lawyers will challenge the evidence against you and present any defenses or mitigating factors on your behalf.
- Sentencing. If you are convicted or plead guilty, the judge will impose a sentence based on the factors mentioned above. Since this is your first DWI offense in NC, you may be placed on probation and required to complete an alcohol assessment and any recommended treatment.
How a Charlotte DWI Defense Attorney Can Help
Facing a first DWI offense in NC can be overwhelming, but you don't have to go through this process alone. Our experienced DWI defense lawyers can provide invaluable assistance by:
- Protecting your rights: Our attorneys will ensure that your constitutional rights are upheld throughout the legal process and that any violations are addressed appropriately.
- Investigating your case: We’ll thoroughly review the evidence against you, including police reports, breath test results, and witness statements, to identify any weaknesses or inconsistencies that can be used in your defense. We’ll also develop a defense strategy tailored to your situation.
- Negotiating with prosecutors: Our attorneys may be able to negotiate a plea agreement that reduces your charges or minimizes the penalties you face.
- Representing you in court: If your case goes to trial, we’ll present a strong defense on your behalf. Our lawyers will challenge the prosecution's evidence and argue for the best possible outcome in your case.
At Browning & Long, PLLC, our Charlotte DWI attorneys have extensive experience representing first-time offenders and working tirelessly to protect their rights and futures. We understand what's at stake and will provide the personalized guidance and aggressive advocacy you need during this difficult time.
