Jacksonville, North Carolina DWI Criminal Defense Attorney

Being arrested for DWI in Jacksonville, North Carolina can result in serious repercussions, including jail time, loss of driving privileges, and monetary fines.Finding a competent and experienced DWI lawyer in Jacksonville, 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 ask for an administrative hearing from the Department of Motor Vehicles in North Carolina according to North Carolina law. If you fail to ask for a hearing within ten (10) days, your right to the hearing is lost, and your driver's license is automatically suspended for the applicable statutory time frame. This is why it is crucial to quickly contact a DWI criminal defense lawyer if you are facing DWI charges in Jacksonville, North Carolina.

DWI Charges in Jacksonville, North Carolina

According to the law in North Carolina, when you have been cited for violating the DWI statute, two simultaneous (yet separate) legal actions are taken against you. For one, an administrative action is brought against your Missouri driver's license (handled by the North Carolina Department of Motor Vehicles.) Also, a criminal action is taken in response to the DWI.

While both of these actions can result in the suspension of your driver's license, it is very vital to remember that there may be additional penalties to consider. Also, each action must be handled on their own.

First Time Offenders - DWI Penalties

This is what you can face with a first time DWI conviction in Jacksonville, North Carolina.

• Driving Privileges - A DWI conviction results in the required revocation of North Carolina driving privileges for one year.
• DWI and Time in Jail - A first time DWI offender in Jacksonville, North Carolina could face jail time of 24 hours, up to a maximum of 24 months.
• 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 Jacksonville police will result in the immediate suspension of North Carolina 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.

North Carolina DWI Subsequent Offenses

Penalties are more severe for additional DWI violations. DWI laws are complex, and you may not be aware of your rights and all of the potential defenses available to your case. This is why a competent and experienced lawyer can guide you through this process. Please contact a lawyer in Jacksonville, North Carolina for a free and immediate consultation.

North Carolina DWI Programs

In Jacksonville and all over North Carolina, the Booze It & Lose It campaign targets DWI offenders with strict enforcement and helpful education. To increase the efficiency of on-site DWI processing, Jacksonville police use six mobile breath-alcohol testing units, better known as BATMobiles. Each vehicle is equipped with workstations for Intoxilyzer 5000 breath test instruments as well as other equipment.

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 Jacksonville 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.