DWI Attorney - Gastonia, North Carolina

If you find yourself arrested for a DWI, there can be long lasting repercussions, including loss of driving privileges, monetary fines, and time in jail. To understand your options, it is important you talk to a DWI attorney in Gastonia, North Carolina.Finding an assertive and knowledgeable DWI criminal defense lawyer in Gastonia, 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

A person has 10 days to request an administrative hearing from the Department of Motor Vehicles according to North Carolina law. If you fail to request a hearing within ten (10) days, your right to the hearing is lost, and your Missouri license is automatically suspended for the applicable statutory time frame. This is why it is important to immediately contact a DWI attorney if you are facing DWI charges in North Carolina in Gastonia, North Carolina.

DWI Charges in Gastonia, North Carolina

Under North Carolina law, once you have been cited for violating the DWI statute in Gastonia 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 North Carolina Department of Motor Vehicles.

While both actions can result in the suspension of North Carolina driving privileges, it is necessary 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 in Gastonia

Individuals with a first time DWI conviction in North Carolina can face:

• 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.
• DWI Fines - The minimum fine for a first time DWI is $100.00 and can go up to $2,000.00.
• Driving Privileges (North Carolina) - A DWI conviction will result results in the mandatory revocation of driving privileges for 1 year.
• Chemical Test Refusal - Refusing to submit to a test when requested by police officers will result in the immediate suspension of your driving privileges in Gastonia for at least 30 days, and an additional minimum 1 year revocation by the North Carolina Department of Motor Vehicles. The court may allow for limited driving privileges after 6 months have passed.
• North Carolina DWI and Commercial Drivers (CDL) - 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 commercial driver's license (CDL) for 1 (one) year, while any subsequent DWI offenses will result in a lifetime loss of the commercial license.

The Booze It & Lose It campaign in Gastonia, 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), 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.

Subsequent DWI Offenses

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

North Carolina and DWI

From the summer of 2006 to the early summer in 2007, there were almost forty three thousand DWI convictions in North Carolina (including Gastonia.) Sobriety checkpoints are continually set up in all North Carolina counties as part of the state's highly effective anti-drunk driving campaign. State law requires that DWI offenders obtain a substance abuse assessment and complete the recommended intervention, which is either education or treatment. Thousands of North Carolinians have completed the requirements over the years.

Legal Disclaimer: The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.