Being charged with driving while intoxicated (DWI) can be stressful and scary, especially if this is your first offense DWI in North Carolina.
Learning more about what happens after an arrest can help you know what to expect and make informed decisions about your actions as you prepare for your trial.
An Overview of DWI Offenses in North Carolina
North Carolina’s DWI laws prohibit drivers from driving while impaired by alcohol or drugs, or with a blood alcohol concentration (BAC) of 0.08% or higher. North Carolina law enforcement and courts take these cases seriously due to the extreme harm drunk driving can cause. Every day, 32 people die in drunk-driving accidents in the United States.
In North Carolina, DWI arrests or accidents can happen anywhere there is suspected impaired driving. This includes large roads such as I-40, I-85, or I-440.
What Happens Immediately After a DWI Arrest?
Most DWI cases begin with a traffic stop, where law enforcement pulls over your vehicle and looks for signs of impairment. If they gather enough evidence to arrest you, you can then be transported to a local police station or county jail for booking. The booking process involves several steps. Law enforcement may:
- Collect your basic personal information
- Take photographs and fingerprints
- Administer a blood, breath, or urine test
- Take inventory of your personal property
- Run a background check
- File an official police report
Law enforcement may interrogate you about the offense or give you an opportunity to provide a statement. Even if you believe you can clear up a misunderstanding or explain your case, you should request to contact an attorney and remain silent. Speaking with law enforcement without legal guidance increases the risk of self-incrimination.
After booking, it can be determined whether you can be released or held in police custody. If you can be released, a magistrate can determine the conditions of your release, such as whether you can be released on your own recognizance or on a bond. For first-time DWI cases, it is common to be held until you are no longer impaired and then released.
At this point, you can begin preparing for your next court date and can also take steps through the DMV to avoid automatic license suspension. A North Carolina DWI attorney can outline your next steps and protect your rights at each stage.
What to Know About the Criminal and Administrative Processes?
In a first-time DWI case, you must deal with both the criminal case and the administrative process involving your driving privileges. These cases are related, but each involves its own procedures and consequences.
The criminal case is where you are ultimately found guilty or not guilty, or your criminal charges can be dropped. To be convicted, the prosecution must prove each aspect of the case beyond a reasonable doubt. Your attorney can develop a custom defense strategy that challenges the prosecution’s evidence and arguments, improving your chance of avoiding a criminal conviction.
The North Carolina DMV also imposes administrative consequences on your driver’s license. This can include license suspension. You should work with a lawyer to request a hearing to challenge automatic license suspension. If you fail to do this, you may lose your driving privileges, even if your criminal case is dismissed or results in a not guilty verdict.
Why You Should Hire a DWI Lawyer From Ashley Cannon, Attorney at Law?
With almost 25 years of legal experience, Ashley Cannon, Attorney at Law, has helped many individuals face first-time DWI charges. We build aggressive defense strategies that protect your rights against unfair investigation tactics or invasions from law enforcement. Due to our commitment to powerful defense strategies and protection for our clients’ rights, we have helped many individuals achieve outcomes such as:
- Mitigated charges
- Dropped charges
- Not guilty verdicts
FAQs
Do You Go to Jail for a First-Time DWI in North Carolina?
You can go to jail for a first-time DWI in North Carolina, but this is not guaranteed. Whether or not you can be sentenced to jail depends on the severity of your case, such as if you caused an accident or had a minor passenger. Many first-time DWIs are sentenced to penalties such as probation rather than jail time. In 2024, 65% of DWI convictions resulted in unsupervised probation, not a jail sentence.
What Is the Most Common Sentence for a First DUI?
The most common sentence for a first-time DUI conviction includes penalties associated with a Level 5 DWI offense. These offenses involve some of the least serious DWI cases, which describe many first DUI cases. A Level 5 offense is punishable by between 24 hours and 60 days in jail. However, many offenders are able to avoid jail through probation and community service.
Is it Possible to Get a DWI Charge Dismissed in North Carolina?
Yes, a DWI charge can be dismissed in North Carolina. But it is important to know that not all charges can be dropped. Whether a DWI case can be dismissed depends on factors such as the strength of the prosecution’s evidence, whether there were any constitutional violations involved in the case, and the strength of your defense. If you hire a DWI lawyer, they can evaluate your case and identify any strategies that increase the chance of dropped charges.
What Is a Level 1 DWI in North Carolina?
A level 1 DWI is one of the most serious DWI offenses and is only less severe than the A1 level charge. These cases generally involve two grossly aggravating factors, such as if you have a prior DWI conviction, if you had a revoked license, if you caused serious injury or death, or if you were driving with a child under 18. It is rare for first-time DWIs to be classified as Level 1, but it is possible.
Learn How a North Carolina DWI Attorney From Ashley Cannon, Attorney at Law, Can Help
It is normal to feel stressed about a first DWI charge. However, do not let this feeling stop you from taking action. Contact Ashley Cannon, Attorney at Law, to work with a team that is dedicated to fair legal representation and protecting your rights and future.
