Understanding DWI Offenses in North Carolina

A DWI (Driving While Impaired) charge in North Carolina can have long-lasting consequences, from fines and license suspension to jail time. Unfortunately, many people are not fully aware of the specific rules surrounding DWI offenses in the state, leading to confusion or misconceptions. At James L. Jordan Law, we aim to clear up these misunderstandings so you can better understand what to expect if you’re facing DWI charges.

In this blog, we’ll correct some of the common inaccuracies regarding DWI offenses in North Carolina and provide accurate, up-to-date information.

1. Misconception: Only Alcohol Can Lead to DWI Charges

While alcohol is the most common cause of DWI charges, many people mistakenly believe that a DWI charge can only occur if you are driving under the influence of alcohol. In fact, you can be charged with a DWI for driving under the influence of drugs, including prescription medications, over-the-counter drugs, or illegal substances.

• The truth: North Carolina law treats impairment from any substance—alcohol, drugs, or a combination of both—as grounds for a DWI charge. A person can be found impaired even with a 0.00% BAC if their ability to operate a vehicle is compromised by drugs.
  

2. Misconception: A DWI Only Happens if Your BAC Is Above 0.08%

Many people think they can’t be charged with a DWI unless their BAC (Blood Alcohol Concentration) is over 0.08%. While 0.08% is the legal limit for most drivers in North Carolina, you can still be charged with DWI at any BAC level if law enforcement believes your ability to drive is impaired.

• The truth: Even if your BAC is below 0.08%, you can still face DWI charges if law enforcement finds that you are impaired by alcohol or drugs. This includes impairment from prescription drugs that affect your ability to drive safely.
  

3. Misconception: You Have the Right to Drive After a DWI Arrest

After being arrested for DWI, many people believe they can continue driving once they’ve been released from police custody, or they may think that their license is automatically reinstated once the case is over.

• The truth: If you are arrested for DWI in North Carolina, you could face an immediate license suspension. Under North Carolina’s implied consent law, refusal to take a breathalyzer test leads to an automatic one-year license suspension. Even if you are found not guilty later, you could still face this suspension if you refused to submit to a chemical test.
  

You must also serve a minimum suspension period before you can reinstate your license, and in some cases, you may need to have an ignition interlock device installed in your vehicle.

4. Misconception: A First Offense DWI Won’t Result in Jail Time

Some individuals believe that if it’s their first DWI offense, they won’t face jail time, regardless of the circumstances. While a first offense is generally treated more leniently, that does not mean jail time is completely out of the question.

• The truth: For a first DWI offense, jail time is possible, but not mandatory. It’s important to note that a first offense DWI could still result in up to 24 hours in jail or up to 60 days depending on factors such as your BAC, whether you have any prior offenses, and whether there were aggravating factors like a car accident or injury.
  

Additionally, the court can impose other penalties, such as fines, community service, alcohol education programs, and mandatory license suspension.

5. Misconception: The Breathalyzer Results Are Always Accurate

Many people assume that breathalyzer tests are infallible and cannot be challenged. However, breathalyzer machines require proper maintenance and calibration. Misuse or malfunction of the device can lead to inaccurate results.

• The truth: If a breathalyzer test is not administered correctly or the machine is not properly calibrated, the results can be challenged in court. Factors like mouth alcohol, improper administration of the test, or a faulty device can lead to incorrect BAC readings. This means that DWI charges based on a breathalyzer test may be dismissed or reduced if there’s a valid challenge to the test’s reliability.
  

6. Misconception: DWI Arrests Can Only Be Challenged by Proving BAC Was Below 0.08%

A common misconception is that the only way to challenge a DWI arrest is by proving that your BAC was under the 0.08% threshold. While this may seem like the logical defense, it is not always the most effective approach.

• The truth: There are several other ways to challenge a DWI charge, including:
  
  • Challenging the legality of the traffic stop: If law enforcement didn’t have a reasonable suspicion to stop your vehicle, the entire arrest could be challenged.
    
  • Field sobriety test errors: If the officer didn’t properly administer the field sobriety tests, or if there were other reasons for poor performance (such as health conditions or poor road conditions), the results of those tests can be challenged.
    
  • Impaired driving due to drugs: If you were arrested for drug impairment, it may be difficult for the prosecution to prove impairment without proper evidence of how the drugs affected your driving ability.
    

7. Misconception: The Penalties for a DWI Are the Same in All Circumstances

People often assume that the penalties for a DWI conviction are the same, regardless of the situation. While penalties for DWI offenses do follow a general framework, there are variations depending on the specifics of the case.

• The truth: The penalties for a DWI depend on multiple factors, including:
  
  • Prior DWI convictions: The more previous DWI offenses you have, the harsher the penalties.
    
  • BAC level: A higher BAC (e.g., 0.15% or more) can lead to aggravated penalties.
    
  • Aggravating factors: If you caused an accident or were driving recklessly, the penalties will likely be more severe.
    
  • Drug impairment: If drugs were involved, it can affect how the case is treated, particularly if it was prescription drugs or over-the-counter medications.
    

8. Misconception: You Can’t Get Your License Back if You’ve Been Convicted of DWI

Many people believe that once they are convicted of DWI and their license is suspended, they will never get it back. This is not the case in North Carolina.

• The truth: After serving the minimum suspension period, you can apply for license reinstatement. In some cases, you may be eligible for a limited driving privilege (also known as a “hardship license”) to allow you to drive to work, school, or other essential places. However, if you have multiple offenses or serious aggravating factors, reinstatement may be delayed, and you may need to install an ignition interlock device.
  

Final Thoughts

If you are facing a DWI charge in North Carolina, it is essential to separate fact from myth to ensure that you make informed decisions. North Carolina’s DWI laws can be complex, and penalties vary depending on many factors, such as BAC level, prior convictions, and aggravating circumstances. Working with an experienced DWI defense attorney is crucial to ensuring that your rights are protected.

At James L. Jordan Law, we are here to help you navigate the complexities of DWI charges and provide the best defense possible. If you have been arrested for DWI in North Carolina, contact us today for a private consultation.