Defending Asheville and All Of Western North Carolina Against Criminal Charges For Over 17 Years and licensed for over 20 years. He is a former prosecutor and is a Board Certified Specialist in State and Federal Criminal Law.
A DWI/DUI is a serious offense and can cause serious penalties. However, Attorney Al Messer has successfully defended numerous cases for the last two decades involving impaired driving where the person was found not guilty or the case was dismissed. If you are charged with a DWI/DUI it is crucial that you immediately speak with an experienced defense lawyer.
What penalties will I face for a first-time DUI in North Carolina?
What is an Ignition Interlock Device and when it is required in North Carolina?
If I am arrested for DUI in North Carolina, how long will I lose my driver's license?
How long will a DUI stay on my driving record in North Carolina?
What happens if I refuse to take a breath test after I am pulled over for suspected DUI in North Carolina?
If you refuse to take a breath test when pulled over for suspected DUI in North Carolina you will face an automatic license suspension, even if you are never convicted of DUI. This is because you provided what's referred to as "implied consent" to a drug or alcohol test in the event of suspected drunk or impaired driving when you received your North Carolina driver's license.
It is never advised to refuse a breath test; an officer has the authority to obtain a search warrant to take a test of your bodily fluids to determine impairment.
If you do refuse to take a breath test, there are options to contest the alleged refusal by requesting a hearing with the Department of Motor Vehicles. There are strict deadlines that apply, and if a hearing is not requested within a certain amount of time, the refusal will go into effect. A license revocation for a willful refusal is for one year, however, a limited privilege may be obtained after six months of that revocation if certain requirements are met.
What penalties will I face for a first-time DUI in North Carolina?
If this is your fist DUI, you are likely to face:
- Driver's license revocation for one year
- A fine of up to $2,000
- A minimum of 24 hours in jail
Additional penalties could be assessed for extenuating circumstances. A lawyer can offer guidance on specific circumstances.
A person may apply for a limited driving privilege if certain conditions are met.
What is an Ignition Interlock Device and when it is required in North Carolina?
A breath alcohol ignition interlock devices (BAIIDs) as it is known in North Carolina is a type of breathalyzer that is connected to a vehicle's ignition system.
Drivers must blow into the device before the vehicle will start. If the device reads at or below a specific programmed breath-alcohol concentration level, the vehicle will start. If it reads over that level, the vehicle will not start.
In North Carolina, drivers with a .15 BAC level or higher or those with previous DUIs are required to have an IID installed and monitored on their vehicle. There is a medical exception to the interlock requirement, however, that exception is rarely granted by the Department of Motor Vehicles.
If I am arrested for DUI in North Carolina, how long will I lose my driver's license?
The state of North Carolina is strict when it comes to driver's license suspension and revocation for a drunk driving offense. This is what you could face as a driver if convicted of DUI:
- First DUI offense — one year
- Second DUI offense— If the prior conviction was within three years the revocation will be for four years—a conditional license may be applied for after two years. If the prior conviction was over three years but within seven years the revocation will be for one year—No limited driving privilege is allowed.
- Third DUI offense — When a person's license is revoked for an impaired driving offense and the person has two or more previous offenses involving impaired driving for which the person has been convicted, and the most recent offense occurred within the five years immediately preceding the date of the offense for which the person's license is being revoked, the revocation is permanent. (When a person's license is permanently revoked they may be entitled to a hearing at some point in the future to request a conditional restoration of their license.)
Habitual Impaired Driving
A person commits the offense of habitual impaired driving if he/she drives while impaired and has been convicted of three or more offenses involving impaired driving within ten years of the date of the present offense. A person convicted of Habitual Impaired Driving will be punished as a Class F felon and shall be sentenced to a minimum active term of not less than 12 months of imprisonment, which shall not be suspended.
How long will a DUI stay on my driving record in North Carolina?
In North Carolina, the prior DUI/DWI will always appear on your driving record. If you are convicted of a DUI/DWI and have a prior conviction for DUI/DWI within seven years you are likely to fact heightened penalties, including mandatory jail time. Even if a prior conviction is more than seven years old it can still be considered an aggravating factor which could possibly cause heightened penalties.
For more information about DUI in North Carolina as it relates to your specific circumstances, reach out to a board-certified criminal law attorney at Messer Law Firm in Asheville.
DWI/Traffic
