Cary, NC DWI Lawyer

Being arrested for DWI (Driving While Intoxicated) comes with major consequences, including jail time, loss of driving privileges, and monetary fines. For this reason, it is vital you consult a Cary DWI lawyer.Finding an accomplished and knowledgeable DWI attorney in Cary, North Carolina can help you understand your case, including any defenses you might take.

North Carolina General Statute - 20-138.1. Impaired driving.

• (a) Offense. - A person commits the offense of impaired driving if he drives any vehicle upon any highway, any street, or any public vehicular area within this State:
  • (1) While under the influence of an impairing substance; or
  • (2) After having consumed sufficient alcohol that he has, at any relevant time after the driving, an alcohol concentration of 0.08 or more. The results of a chemical analysis shall be deemed sufficient evidence to prove a person's alcohol concentration; or
  • (3) With any amount of a Schedule I controlled substance, as listed in G.S. 90-89, or its metabolites in his blood or urine.
• (a1) A person who has submitted to a chemical analysis of a blood sample, pursuant to G.S. 20-139.1(d), may use the result in rebuttal as evidence that the person did not have, at a relevant time after driving, an alcohol concentration of 0.08 or more.
• (b) Defense Precluded. - The fact that a person charged with violating this section is or has been legally entitled to use alcohol or a drug is not a defense to a charge under this section.
• (b1) Defense Allowed. - Nothing in this section shall preclude a person from asserting that a chemical analysis result is inadmissible pursuant to G.S. 20-139.1(b2).
• (c) Pleading. - In any prosecution for impaired driving, the pleading is sufficient if it states the time and place of the alleged offense in the usual form and charges that the defendant drove a vehicle on a highway or public vehicular area while subject to an impairing substance.
• (d) Sentencing Hearing and Punishment. - Impaired driving as defined in this section is a misdemeanor. Upon conviction of a defendant of impaired driving, the presiding judge shall hold a sentencing hearing and impose punishment in accordance with G.S. 20-179.
• (e) Exception. - Notwithstanding the definition of "vehicle" pursuant to G.S. 20-4.01(49), for purposes of this section the word "vehicle" does not include a horse. (1983, c. 435, s. 24; 1989, c. 711, s. 2; 1993, c. 285, s. 1; 2006-253, s. 9.)

Administrative Hearing

Pursuant to North Carolina law, an individual has 10 days to file for an administrative hearing from the North Carolina Department of Motor Vehicles. If you do not make this deadline, your Missouri license is automatically suspended for the statutory time frame applicable to your situation.

DWI Charges in Cary, North Carolina

Under North Carolina law, once you have been cited for violating the DWI statute in Cary or another city, the state initiates two simultaneous, yet separate legal actions against you. The criminal action is in response to the ticket that was issued to you, while the administrative action is brought against your license by the Department of Motor Vehicles.

While both actions can result in the loss of driving privileges, it is very important to remember that there may be additional penalties to consider and that each of these actions must be handled separately.

DWI Penalties for First Time Offenders

• Driving Privileges (North Carolina) - A DWI conviction results results in the mandatory revocation of North Carolina driving privileges for one year.
• DWI Incarceration - A first time DWI offender in North Carolina faces imprisonment for a minimum of 24 hours up to a maximum of 2 years.
• Commercial Drivers - Commercial drivers are in violation of the DWI statute with a blood alcohol content (BAC) of 0.04. A first time North Carolina DWI conviction will result in the loss of the CDL for 1 year, while any subsequent DWI offenses will result in a lifetime loss of the commercial driver's license.
• DWI Chemical Test Refusal - Refusing to submit to a test when requested by Cary police officers will result in the immediate suspension of driving privileges for at least 30 days, and an additional minimum 12 (twelve) month revocation by the North Carolina DMV. After six months, the court may allow for limited driving privileges to be restored.

Subsequent DWI Offenses

Penalties are increasingly severe for any additional DWI violations. Due to the complexity of North Carolina DWI laws, you may not be aware of your rights and the potential defenses available to your case. Please contact a DWI attorney for a free case evaluation.

North Carolina and DWI

Sobriety checkpoints are continually set up in all North Carolina counties as part of the state's highly effective anti-drunk driving campaign. From July 2006 to June 2007, there were almost 43,000 DWI convictions in in cities like Cary all over North Carolina. Current state laws require that DWI offenders obtain a substance abuse assessment and complete the recommended intervention, which is either education or treatment.

The Booze It & Lose It campaign in Cary, North Carolina targets drunk drivers by using innovative DWI education (and enforcement.) Throughout North Carolina, sobriety checkpoints are used as part of the state's highly effective anti-DWI campaign. Using 6 mobile breath-alcohol testing units (called BATMobiles), Cary police officers increases efficiency of DWI processing on the scene. Each vehicle comes with workstations for Intoxilyzer 5000 breath test instruments, cellular telephones, traffic cones, traffic vests, computers, search batons, screening test devices and more.