Common Questions and Helpful Answers About NC Criminal and DWI Charges

It is natural to have many questions and concerns when charged with a crime in North Carolina. These charges can have serious consequences and long-lasting effects on those charged with their families, so they need reliable answers quickly. Here, Todd Browning and Howard Long share their answers to many of these tough questions. Find out their thoughts on DWI, traffic charges, and many other crimes.

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  • How do police decide who to stop for drunk driving in Charlotte?

    Police officers in Mecklenburg County and North Carolina Highway Patrol are trained to look for numerous visual clues and driver behavior patterns when deciding whether to make an investigative stop of a drunk driving suspect. These visual clues, identified by a National Highway Traffic Safety Administration (NHTSA) study on impaired drivers, help officers determine if there is enough reasonable suspicion to justify pulling you over for DWI.

    Outside of DUI checkpoints, police must have reasonable suspicion to legally stop you for drunk driving. 

    How Police Determine Reasonable Suspicion for a DWI Stop

    The visual clues identified by the NHTSA fall into one of the following four categories:

    1. Problems Maintaining Proper Lane Position
    2. Speeding and Braking Problems
    3. Vigilance Problems
    4. Judgment Problems

    Visual clues used to identify Problems Maintaining Proper Lane Position include:

    • Weaving within a lane
    • Weaving across lane lines
    • Straddling a lane line
    • Swerving
    • Turning with a wide radius
    • Drifting
    • Almost striking a vehicle or other object

    Visual clues used to identify Speeding and Braking Problems include:

    • Stopping problems (too far, too short, too jerky)
    • Accelerating or decelerating for no apparent reason
    • Varying speed
    • Slow speed (10+ mph under limit)

    Visual clues used to identify Vigilance Problems include:

    • Driving in opposing lanes or wrong way on one way
    • Slow response to traffic signals
    • Slow or failure to respond to officer’s signals
    • Stopping in lane for no apparent reason
    • Driving without headlights at night
    • Failure to signal or signal inconsistent with action

    Visual clues used to identify Judgment Problems include:

    • Following too closely
    • Improper or unsafe lane change
    • Illegal or improper turn (too fast, jerky, sharp)
    • Driving on other than designated roadway
    • Stopping inappropriately in response to officer
    • Inappropriate or unusual behavior (throwing up, arguing)
    • Appearing to be impaired

    If an officer observed you exhibiting any of these behaviors, he may be legally justified in stopping you for drunk driving, but not always. For example, if you make an illegal turn, you have likely violated the law and an officer is likely justified in stopping you on that fact alone. On the other hand, if you were weaving within your own lane only, an officer is not likely going to be justified in stopping you. When a DWI stop is based on the driver weaving within a lane, North Carolina law generally requires weaving within a lane plus some other fact in order for an officer to make a stop.

    Find Out if Your Charlotte DWI Could be Dropped

    If an officer did not have a legal justification for pulling you over, it may be possible to have your drunk driving charge dismissed based on that lack of reasonable suspicion. If you have been arrested for DWI in the Charlotte metro area, contact a Mecklenburg County DWI defense attorney at Browning & Long, PLLC for a free consultation to evaluate your case and assist in making this determination.

     

  • Will my NC driver’s license be suspended if I refuse to blow or if I'm arrested for DWI?

    It depends. There are numerous instances where your driver's license will be revoked by North Carolina’s Division of Motor Vehicles (DMV) for issues involving or related to driving under the influence. The most common scenarios where the DMV will revoke your driver’s license is when you (i) willfully refuse to submit to chemical analysis (i.e. breath or blood test), (ii) are charged with and/or arrested for driving under the influence, or (iii) are convicted of driving under the influence.

    License Suspension for Willful Refusal to Breathalyzer or Chemical Testing

    The laws of most states, including North Carolina, highly encourage a person suspected of driving under the influence to submit to chemical analysis (i.e. breath or blood test). Such laws do so through the consequences implemented when a person refuses such testing. Specifically, North Carolina General Statute (N.C.G.S.) 20-16.2(a)(1) informs a driving under the influence suspect that they may refuse any chemical test, but doing so will result in their driver’s license being revoked for a period of one year, and in some cases even longer.

    This often means that if you refuse a chemical test, your driver's license will be revoked for one year. It's important to know the difference between the various breath-testing instruments and the consequences of refusing to blow in these devices. For example, an alcohol screening test, often referred to as a Preliminary Breath Test (PBT), is a breath test that is typically administered roadside before you are arrested. Refusing to submit to this test is not considered a willful refusal and will not revoke your driver's license for a period of one year. Thus, an alcohol screening test is not considered a chemical test for this purpose. However, a breath test using the Intoxilyzer 5000 or Intox EC/IR II, as well as a blood draw, are considered chemical tests. If you refuse to submit to these tests, your driver's license may be revoked for a period of one year. The Intoxilyzer 500 and Intox EC/IR II are generally administered after you have been arrested and left the scene.

    License Suspension After Being Charged and/or Arrested for DWI

    Under North Carolina General Statute (N.C.G.S.) 20-16.5(b), a person driving under the influence is subject to civil revocation of their driver’s license if the following applies:

    1. A law enforcement officer has reasonable grounds to believe that the person has committed an implied consent offense;
    2. The person is charged with an implied consent offense;
    3. The law enforcement officer and the chemical analyst comply with the procedures of G.S. 20-16.2 and G.S. 20-139.1 in requiring the person's submission to or procuring a chemical analysis; and
    4. The person
      • Willfully refuses to submit to the chemical analysis;
      • Has an alcohol concentration of 0.08 or more within a relevant time after the driving;
      • Has an alcohol concentration of 0.04 or more at any relevant time after the driving of a commercial motor vehicle; or
      • Has any alcohol concentration at any relevant time after the driving and the person is under 21 years of age.

    When your driver's license is revoked under N.C.G.S. 20-16.5(b), the minimum period of revocation is either 30 or 45 days depending on when your driver’s license was surrendered. If your driver’s license is surrendered within five (5) working days of the revocation (generally the day you were charged), the minimum revocation period is 30 days. If your driver’s license is not surrendered within five (5) working days of the revocation, the minimum revocation is generally 45 days from the date you surrender your driver’s license. Additionally, if you have a pending driving under the influence charge or other implied consent offense, your driver's license will be suspended indefinitely until all pending charges are resolved.

    License Suspension After a Drunk Driving Conviction

    A conviction for driving under the influence results in a mandatory revocation of a person’s driver’s license by the North Carolina Division of Motor Vehicles (DMV) under North Carolina General Statute (N.C.G.S.) 20-17(a)(2). The length of such driver’s license revocation largely depends on whether you have any prior impaired driving convictions, and if so, the amount of time that has passed since those convictions.

    More information: License Revocation and Restoration After a DWI Conviction in Mecklenburg County

    Contact Our Charlotte DWI License Restoration Lawyers

    If your driver’s license has been revoked due to one of the three common scenarios discussed under this question, it is important to remember that there are often circumstances where a you may be able to legally drive with a limited driving privilege. A DWI defense attorney at Browning & Long, PLLC can assist you in getting you back on the road as soon as possible.

  • What factors will the court consider when sentencing me for a DUI conviction in Mecklenburg County?

    If you have been convicted of DUI in Mecklenburg County, the level of punishment of you will face is determined by the existence and balancing of what are called grossly aggravating factors, aggravating factors, or mitigating factors. Several of the following legal terms can be difficult to grasp, so it's always best to consult with a DWI defense attorney if you've been charged.

    Grossly Aggravating Factors for DUI Sentencing

    Grossly aggravating factors are seen as more serious than aggravating factors. The State must prove any grossly aggravating factor beyond a reasonable doubt. With that, the first step in determining the level of punishment you will face if convicted of DUI is to find out whether any grossly aggravating factors exist.

    Four grossly aggravating factors:

    1. A prior conviction for a DUI related offense (See N.C.G.S. 20-4.01(24a) for the list of offenses) if:
      • the prior conviction occurred within seven years of the current DUI offense date;
      • the prior conviction occurred after the current DUI offense date, but before or at the same time as the sentencing in the current DUI case; or
      • the prior conviction was in District Court, the conviction was appealed to Superior Court, the appeal was withdrawn or the case was remanded back to District Court, and a new sentencing hearing for the case has not been held.
    2. At the time of the current DUI offense, you drove while your driver’s license was revoked and the revocation was for a DUI revocation under N.C.G.S. 20-28.2(a).
    3. Your DUI caused serious injury to another person.
    4. At the time of the current DUI offense, you drove while:
      • A child under the age of 18 years was in the vehicle
      • A person with the mental development of a child under the age of 18 years was in the vehicle; or
      • A person with a physical disability preventing unaided exit from the vehicle was in the vehicle.

    Aggravating Factors for DUI Sentencing

    As mentioned, aggravating factors are considered less serious than grossly aggravating factors. However, like grossly aggravating factors, the State must prove any aggravating factor beyond a reasonable doubt. When there are no grossly aggravating factors, or where grossly aggravating factors exist but the judge decides to consider any aggravating and mitigating factors as well, the next step in DUI sentencing is to determine whether any aggravating factors exist.

    Nine aggravating factors:

    1. Gross impairment of your faculties while driving or an alcohol concentration of 0.15 or more.
    2. Especially reckless or dangerous driving.
    3. Negligent driving that led to a reportable accident.
    4. Driving while your driver's license was revoked.
    5. Two or more prior convictions of certain motor vehicle offenses for which at least three points are assigned or which subject your driver’s license to revocation, if the convictions occurred within five years of the current offense, or one or more prior convictions of an offense involving DUI that occurred more than seven years before the current offense.
    6. Conviction under N.C.G.S. 20-141.5 of speeding to elude.
    7. Conviction under N.C.G.S. 20-141 of speeding by at least 30 miles per hour over the legal limit.
    8. Passing a stopped school bus in violation of N.C.G.S. 20-217.
    9. Any other factor that aggravates the seriousness of the offense.

    Mitigating Factors for DUI Sentencing

    After determining whether any aggravating factors exist, the next step in determining the appropriate level of punishment in DUI sentencing is to see if any mitigating factors exist. It is your burden to prove the existence of any mitigating factor by a preponderance of the evidence.

    Eight mitigating factors:

    1. Slight impairment of your faculties resulting solely from alcohol, and an alcohol concentration that did not exceed 0.09 at any relevant time after the driving.
    2. Slight impairment of your faculties, resulting solely from alcohol, with no chemical analysis having been available to the defendant.
    3. Safe and lawful driving at the time of the offense, except for the DUI.
    4. A safe driving record.
    5. Impairment caused by a lawfully prescribed drug for an existing medical condition, and the amount of the drug taken was within the prescribed dosage.
    6. Voluntary submission to a substance abuse assessment and voluntary participation in the recommended treatment.
    7. Completion of a substance abuse assessment, compliance with its recommendations, and simultaneously maintaining 60 days of continuous abstinence from alcohol consumption, as proven by a continuous alcohol monitoring system.
    8. Any other factor that mitigates the seriousness of the offense.

    DUI/DWI Sentencing Levels of Punishment

    The determination of the appropriate DWI sentencing level of punishment involves balancing the presence of any grossly aggravating factors, aggravating factors, and mitigating factors mentioned above. The chart below summarizes the six sentencing levels and the corresponding punishments authorized by N.C.G.S. 20-179.

    Aggravated Level One

    Factors Fine Probationary Conditions
    Three or more grossly aggravating factors Up to $10,000 If suspended, must require 1-imprisonment of at least 120 days; AND 2-alcohol abstinence of at least 120 days to a maximum of the term of probation, as verified by CAM.
    Imprisonment: 12 months minimum to 36 months maximum
    Substance Abuse Assessment Required: Yes

    Level One

    Factors Fine Probationary Conditions
    1. Grossly aggravating factor in N.C.G.S. 20-179(c)(4); OR
    2. Two other grossly aggravating factors
    Up to $4,000 If suspended, must require 1-imprisonment of at least 30 days; OR 2-imprisonment of at least 10 days and alcohol abstinence and CAM for at least 120 days
    Imprisonment: 30 days minimum to 24 months maximum
    Substance Abuse Assessment Required: Yes

    Level Two

    Factors Fine Probationary Conditions
    One grossly aggravating factor Up to $2,000 If suspended, must require 1-imprisonment of at least 7 days; OR 2-alcohol abstinence and CAM for at least 90 days
    Imprisonment: 7 days minimum to 12 months maximum
    Substance Abuse Assessment Required: Yes

    Level Three

    Factors Fine Probationary Conditions
    Aggravating factors substantially outweigh any mitigating factors Up to $1,000 If suspended, must require one or both of the following: 1-imprisonment for at least 72 hours 2-community service for a term of at least 72 hours
    Imprisonment: 72 hours minimum to 6 months maximum
    Substance Abuse Assessment Required: Yes

    Level Four

    Factors Fine Probationary Conditions
    No aggravating or mitigating factors or aggravating factors are substantially counterbalanced by mitigating factors Up to $500 If suspended, must require one or both of the following: 1-imprisonment for 48 hours 2-community service for a term of 48 hours
    Imprisonment: 48 hours minimum to 120 days maximum
    Substance Abuse Assessment Required: Yes

    Level Five

    Factors Fine Probationary Conditions
    Mitigating factors substantially outweigh aggravating factors Up to $200 If suspended, must require one or both of the following:
    1-imprisonment for 24 hours
    2-community service for a term of 24 hours
    Imprisonment: 24 hours to 60 days maximum
    Substance Abuse Assessment Required: Yes

     

    Contact Our Charlotte DUI Lawyers if you have questions regarding a DWI arrest in Mecklenburg County by calling 980-224-4482.

     

  • What racing crimes could I be charged with in North Carolina?

    Car Racing Down a Charlotte RoadIllegally racing a vehicle is a serious crime in North Carolina, and if convicted, you could face many long-term consequences. These are misdemeanor offenses which can result in you having a permanent criminal record. Besides the punishments for a misdemeanor, you may lose your driver’s license for a lengthy period of time and have your vehicle seized.

    Common Racing Offenses in North Carolina

    There are two offenses that you can be charged with for illegal racing. They are:

    • Prearranged racing. It is unlawful for a person to operate a motor vehicle on a street or highway willfully in a prearranged race with another motor vehicle. This is a Class 1 misdemeanor with possible penalties of a fine, probation, and jail time depending on your prior criminal record. If convicted, your driver’s license would be revoked for three years, but you may request that it be reinstated after 18 months. In addition, your vehicle would be seized at your arrest. It would be sold, and you would incur 12 insurance points if you are convicted.
    • Willful racing. It is also a crime to operate a motor vehicle on a street or highway willfully in a speed competition with another vehicle. This is a Class 2 misdemeanor, and the punishment includes possible driver’s license revocation for one year. However, this is discretionary. Ten insurance points would be incurred. The police are not authorized to seize and sell your vehicle if you are convicted.

    There are other crimes associated with illegal racing that are also Class 1 misdemeanors:

    • Loaning a vehicle for racing. It is illegal to loan a motor vehicle for use in prearranged racing. If convicted, the owner would face a three-year suspension of his driver’s license but could request that it be reinstated after 18 months. He would also incur 10 insurance points.
    • Betting on a prearranged race. You could be charged with this offense for placing or receiving a bet on the outcome of a prearranged race on a street or highway. If convicted, your driver’s license would be suspended for three years—the same as if you were found guilty of prearranged racing.

    Have you been charged with illegal racing in North Carolina? Our experienced traffic ticket attorneys are here to mount a strong defense so that you achieve the best possible outcome. To schedule your free consultation, call our office or start an online chat today.

     

  • Will I be required to install an interlock ignition device on my vehicle after a DWI conviction?

    Charlotte Resident Using an Interlock Ignition While in a CarIf you are convicted of DWI in North Carolina, your driver’s license could be suspended for 30 days for a first conviction and for longer for a subsequent conviction or failure to consent to a breathalyzer test at the time you were arrested. Losing your ability to drive can have long-term consequences on your ability to work and your ability to get where you need to go. In order to get your driving privileges restored, the court could require you to install an interlock ignition device.

    What Is an Interlock Ignition Device?

    An interlock ignition device is an alcohol-testing device that attaches to your dashboard and is similar to what is used to administer a breathalyzer test. You cannot turn on your vehicle until you blow into the device, and it measures your blood alcohol content. If it registers any level of alcohol, your ignition will not start. It also requires you to take the test at random times when you are driving. If you fail the test, your vehicle will shut down. In order to restart it, you would need to contact the system’s provider to reset it.

    When Is an Ignition Interlock Device Required?

    If this is a first offense DWI, you probably will not be required to install an ignition interlock device. However, the court would order it installed in these situations:

    • You were convicted of DWI with a blood alcohol content (BAC) of over 0.15 percent.
    • You were convicted of more than one DWI during a seven-year period.

    Who Pays for Installation and Maintenance of This Device?

    Unfortunately, you must pay for the installation and monthly rental and maintenance fees for the ignition interlock device and must obtain it from a court-approved facility. This can be costly over time.

    Have you been charged with DWI in Charlotte? Call us or start an online chat to schedule a free consultation with one of our experienced DWI attorneys. We will be happy to discuss your case with you and how we can help ensure that the penalties you face are as minor as possible.

     

  • What is a Do Not Resuscitate Order (DNR) in North Carolina?

    North Carolina Do Not Resuscitate OrderIn North Carolina, a Do Not Resuscitate Order (DNR) is a medical order signed by a physician that alerts emergency personnel that you do not wish to receive cardiopulmonary resuscitation (CPR) in the event of a medical emergency. This means that if you have DNR in place, health care professionals will not try to revive you by using CPR if your heart stops beating or you stop breathing. The DNR is only a decision to withhold CPR, not the administration of other medical treatments such as a feeding tube, surgery, blood transfusions, and pain medicine. These latter medical treatments, as well as other life-prolonging measures, are typically addressed in a person’s living will, either on its own or as part of a health care power of attorney. 

    Unlike a living will and a health care power of attorney, a DNR is not a necessary component to everyone’s North Carolina estate plan. In fact, careful consideration should be given before having a DNR implemented. In most circumstances, a DNR is used only for the very elderly, the frail, and the critically ill for whom it wouldn't make sense to perform CPR. Additionally, not understanding the difference between a living will and a DNR may result in medical treatments being administered, or withheld, in a manner inconsistent with your desires. 

    It is advisable to discuss the option of a DNR with both your North Carolina estate planning attorney, who may be able to utilize other legal tools to better address your goals and objectives, and your physician, who would be the person who needs to prepare and sign the DNR order, to ensure that your health care decisions are planned effectively. 

    Our estate planning attorneys are here to answer your questions and help achieve your goals and objectives. Call our North Carolina office today at (980) 207-3355, or contact us online, to discuss your estate planning needs.

  • Is it illegal to text and drive in North Carolina?

    Man Texting While Driving Through North CarolinaAny form of distracted driving is unsafe, but using a cell phone while driving is one of the most dangerous types of distractions that lead to accidents. In North Carolina, it is illegal to text and drive. Violating this law can result in stiff fines and harsh penalties if you are a school bus or commercial truck driver.

    What Is North Carolina’s Law on Texting and Driving?

    While most motorists over 18 years old are allowed to talk on a cell phone while driving, texting while driving is banned. North Carolina is a “primary law” state, which means that the police can stop you and issue you a ticket solely for violating this law. It is illegal for drivers to:

    • Manually enter letters or text in a cell phone in an effort to communicate with another individual
    • Read an e-mail or text transmitted to or stored in an electronic device

    There are exceptions to this ban on texting and driving. It will not apply in these situations:

    • The driver is lawfully parked or stopped
    • The person is a police officer, firefighter, or ambulance driver texting while they are performing official duties
    • The technology used is a factory-installed or after-purchased GPS
    • The person is using voice-operated technology

    A violation of this traffic law is a civil infraction that is punishable by a $100 fine. A person will not have drivers’ license points placed on his driving record or face higher insurance costs.                                                                               

    If the individual violating the texting ban is a school bus driver, it would be a Class 2 misdemeanor, not a civil infraction. The penalty is a fine of at least $100.

    There are more severe penalties if the person is driving a commercial vehicle. Commercial truck drivers are also prohibited from texting and driving under federal regulations. Two convictions within three years will result in the person’s commercial license being suspended for 60 days while three convictions within this time period could result in a 120-day revocation.

    Did you receive a traffic ticket for texting while driving in Charlotte? Our experienced criminal defense attorneys are here to answer your questions and help you achieve the best possible outcome with fewer long-term consequences. Call our Charlotte office today to schedule your free consultation.

     

  • Do I need an attorney if I have been charged with reckless driving in North Carolina?

    Do You Know How a Reckless Driving Attorney Can Help YouYou may consider trying to save money by attending your court hearing for your reckless driving charges on your own. However, retaining an experienced reckless driving attorney is in your best interests, and it may be more affordable to do so than you may think

    Why You Need to Retain an Experienced Reckless Driving Attorney

    You may not realize it, but you do have options for fighting a reckless driving charge even if you believe that you are guilty. Here are reasons why you want an experienced reckless driving attorney at your side:

    • Misdemeanor offense. Reckless driving is not a traffic offense in North Carolina. It is a Class 2 misdemeanor punishable by up to 60 days in jail and a fine of up to $1,000. In addition, it will result in a permanent criminal record, points on your driving record, increased insurance costs, and a possible driver’s license suspension. You may be able to avoid some of these harsh consequences if you are represented by an attorney.
    • Possible defenses. You may have defenses to the charges, such as speedometer calibration, GPS defense, lack of probable cause to stop you, and other violations of your constitutional rights, even if you are guilty. A skilled lawyer will be able to identify these defenses and use them to fight to get the charges dismissed or reduced to a less serious offense.
    • Court hearing. You are required to appear at a court hearing when charged with reckless driving in North Carolina. However, your attorney may be able to attend your hearing without you so that you do not have to miss work and lose wages.
    • Plea bargain. An attorney will be able to enter into a more favorable plea agreement if that is in your best interest. He may be able to use facts in your case, such as a clean driving record or successful completion of a driver improvement course, to convince the prosecutor to reduce the charges to a less serious traffic offense.

    At Browning & Long, PLLC, we are committed to aggressively fighting for the rights of our clients facing reckless driving charges. We have the added advantage of being former prosecutors, which gives us a greater understanding of the strategies that they employ in these cases. To learn more about your possible defenses and how we can assist you, start an online chat to schedule your free consultation today.

     

  • What defenses could I have after being arrested for shoplifting?

    You May Have a Defense to Your Shoplifting ChargesIf you have been charged with shoplifting as a misdemeanor or felony in Charlotte, it would be a big mistake not to take the charges seriously. The punishment could be a jail or prison sentence, a large fine, and a permanent criminal record. Fortunately, even if you are guilty, you may have strong defenses that can result in the charges being dismissed or reduced to a less serious offense.

    Defenses That Can Help You Fight Shoplifting Charges

    There are a number of defenses that can be present in any criminal case, such as the failure to give you your Miranda warnings or questioning you after you invoke your right to remain silent that could be applicable to your arrest. However, there are also defenses specific to the crimes of shoplifting and what must be proven to convict you of this offense in North Carolina. The prosecutor must prove these two elements:

    • You intentionally concealed or possessed items for sale.
    • You intended to permanently deprive the business of the item without paying for it.

    You will need the assistance of an experienced criminal defense attorney to identify and raise the defenses that you have to shoplifting charges. Some effective ones that he may use to defend you include:

    • Lack of intent. Because the crime of shoplifting requires an intent on your part to intentionally conceal and possess the goods and to deprive the store of them, your lawyer may challenge this aspect of the prosecutor’s case. He may present evidence that you did not intend to steal the items. Depending on the facts in your case, he may be able to show that you accidentally forgot to pay or that you tried to go back and return the merchandise as soon as you realized your mistake.
    • Challenging witnesses. In some cases, there is video footage of the shoplifting. However, the prosecutor may rely on witness testimony as to how they saw the crime being committed. These witnesses can be store employees, other customers, or bystanders. A skilled attorney may be able to challenge their observations as unreliable or completely false.

    Have you been arrested for shoplifting in Charlotte? Our skilled legal team can help you build a strong defense to the charges that you face and will aggressively fight for the best outcome possible. To learn more about your defenses and options, start an online chat to schedule your free consultation today.

     

  • Can my DWI charge be reduced to wet reckless in North Carolina?

    Having Your Charge Reduced to a Wet Reckless ChargeA DWI conviction comes with harsh penalties, such as a jail sentence, fine of up to $10,000, driver’s license suspension, and a permanent criminal record. If you are charged with this offense, it is essential that you retain an experienced DWI attorney who can build a strong defense to charges you face. In some states, prosecutors will reduce a DWI to something called a Wet Reckless, however, in North Carolina this in not an option.

    When Can Your Charges Be Pled Down to a Wet Reckless Offense?

    In other states or jurisdictions, a wet reckless is a reckless driving offense involving alcohol. It is less serious than a DWI conviction but a more serious offense than a reckless driving conviction that does not involve alcohol. Prosecutors consider reducing a DWI to a wet reckless if this is your first offense of DWI and mitigating circumstances are present. These mitigating circumstances include:

    • This is your first offense of DWI in North Carolina and any other state.
    • Your impairment was due to alcohol and not any other substance, such as drugs.
    • Your blood alcohol content (BAC) was 1.0 percent or lower.
    • You have a safe driving record.
    • You were polite and cooperative when arrested.

    Why Is a Wet Reckless Not an Option in North Carolina?

    In North Carolina, there is not such thing as a wet reckless. The Legislature did not create a crime called a wet reckless or any other lesser included offense to a DWI. Accordingly, North Carolina District Attorney's do not offer to reduce DWI charges. They either proceed to trial on the DWI charge or dismiss the case if there is insufficient evidence.

    How an Experienced DWI Attorney Can Help.

    Although a DWI charge will not be reduced in North Carolina, if you a charged with multiple crimes along with your DWI an experienced attorney can negotiate with the prosecutor to have those charges dismissed pursuant to a plea. Additionally, an experienced DWI attorney will thoroughly examine all aspects of your DWI investigation to determine if a mistake was made or a right was violated. If so, a skilled attorney will be able to advocate for a dismissal of your DWI charge or take it to trial.      

    Contact Us for Help Today

    If you have been arrested for DWI in Charlotte, you need an experienced DWI attorney on your side if you hope to successfully fight a DWI charge. To learn how our skilled lawyers can assist you, start an online chat to schedule your free consultation today.