Winston-Salem DWI Lawyer

Have You Been Arrested for DUI OR DWI in Forsyth or Guilford County, North Carolina?

Being arrested for DUI or DWI is often an intimidating and embarrassing experience. It can also be enormously stressful when you are unfamiliar with North Carolina DUI/DWI laws, the legal proceedings, what your rights are in these situations, and how best to deal with a DUI or DWI charge. Every state takes drunk driving extremely seriously to protect the public. Law enforcement and prosecutors aim for convictions to punish offenders and send a message to others. This commonly leads to harsh penalties. 

The best way to fight a DWI is with a well-prepared defense based on a thorough investigation of all circumstances surrounding your arrest. To do this, you will need an attorney who is skilled and experienced in DWI defense.

At Eustache Law, you can work with a former prosecutor who knows how the other side operates in these cases. Mr. Eustache has defended countless individuals in DWI charges and has built a strong track record of success. With our firm on your side, your chances of a favorable outcome will be dramatically increased. 

Facing a DUI OR DWI charge in Winston-Salem, NC? Contact Eustache Law by calling (336) 827-9208 or contacting us online today.

What is the Difference Between a DUI and a DWI in North Carolina?

North Carolina's Safe Roads Act of 1983 eliminated the distinction between a DUI and a DWI. Both terms now refer to the same offense: driving while impaired (DWI).

Before 1983, North Carolina considered a DUI a lesser crime than a DWI. BAC depends on your weight and sex assigned at birth. For example, a 200-pound man with three drinks in one hour has a BAC of 0.08.

If you have been arrested for DUI/DWI, drug DUI, underage DUI, or a repeat DUI, your first response should be to contact Eustache Law as soon as possible. A conviction can result in the loss of your driver’s license, heavy fines, restrictive probation, and other penalties, depending on the situation. Collateral consequences can include spiked car insurance rates and a permanent criminal record that can negatively impact employment. 

However, DUI/DWI arrests are often based on faulty evidence and incorrect procedure. Our skilled Winston-Salem DWI Lawyer knows how to investigate all the technical, legal, and procedural factors that can lead to favorable outcomes.  

DUI Laws in North Carolina

Driving under the influence (DUI) is referred to in North Carolina as driving while impaired (DWI) and is outlined in § 20-138.1. of state law as Impaired Driving. 

Under this law, DWI is committed in the following scenarios:

• Driving while under the influence of an impairing substance; or
• Driving with a blood alcohol concentration (BAC) of .08 percent or higher; or
• Driving with any amount of a Schedule I controlled substance or its metabolites in your blood or urine. 

You can be charged with DWI based on the amount of alcohol or drugs found in your system or on being noticeably impaired, regardless of any measured amounts of these substances found in a breathalyzer, blood, or urine test. Your vehicle also does not necessarily have to be in motion at the time of your arrest. 

You must merely be in physical control of it, such as sitting behind the steering wheel with the keys in the ignition. 

Is a DUI a Misdemeanor in NC?

In North Carolina, DUI/DWI charges are usually misdemeanor crimes. However, there are five misdemeanor criminal charges, each being more severe and having a different punishment.

How Long Does a DUI Stay on Your Record in NC?

A DUI sentence in North Carolina is permanent and stays on your record forever. North Carolina has a seven-year "lookback period" for sentencing purposes. Any drunk driving charge committed within seven years is considered a second offense and liable for additional severe fines and prison time.

DWI Laws in North Carolina

North Carolina has a complicated system for charging and sentencing DWI cases. The system is multi-tiered with five levels with Level One as the most serious. These Levels are generally based on “aggravating” as well as “mitigating” factors. 

Gross aggravating factors can include such circumstances as having caused a serious injury, driving with a minor, driving with a revoked license based on a prior DWI, or having a previous DWI within a certain timeframe. 

Aggravating factors can include driving with a BAC measuring .15 percent or higher, causing an accident, reckless driving, or having two previous traffic violations and three demerit points added to your driving record.

Mitigating factors are those that lessen the severity of your DWI charge. These can include the fact that you were taking a prescribed drug while driving or that your driving was deemed relatively safe. You can also present mitigating factors to the court, such as having received substance abuse treatment or engaged in sobriety monitoring prior to your sentencing.

Sentencing Levels

All sentencing levels are based on both the aggravating and mitigating factors in your case.

Levels Three, Four, and Five are generally the most common with the following penalties:

• Level Three: Jail time of 72 hours up to six months with a fine of up to $1,000
• Level Four: Jail time of 48 hours up to 120 days with a fine of up to $500
• Level Five: Jail time of 24 hours up to 60 days with a fine of up to $200

Minimum jail time can often be avoided by completing community service hours. You will also have to undergo a substance abuse assessment and any recommended treatment or education. 

Level Two sentencing is based on having one gross aggravating factor. It is punishable by seven days up to 12 months in jail and fines of up to $2,000. You can avoid minimum jail time with 90 days of sobriety monitoring.

Level One sentencing is based on two aggravating factors or having a minor passenger in your car. It carries 30 days up to 24 months in jail and fines of up to $4,000. The minimum jail time is 10 days after which you may be granted probation.

Aggravated Level One sentencing is based on having three or more aggravating factors. It is punishable by 12 to 36 months in jail and a fine of up to $10,000. 

In all the above, you will have to undergo a drug or alcohol assessment followed by recommended treatment or alcohol/drug education. 

DWI & License Suspension in North Carolina

In any DWI conviction in our state, The DMV will impose the revocation of your driver’s license. Once the revocation has been completed, you will need to install an ignition interlock device (IID) in your vehicle.  

Do You Lose Your License for First DWI in NC?

Yes, a first-time DWI conviction in North Carolina results in a minimum one-year driver's license suspension.

In most cases, you can apply for a limited-use license during the one-year suspension, allowing you to drive to and from work.

Suppose you refuse the breathalyzer test at the time of your arrest. In that case, the Department of Motor Vehicles (DMV) in North Carolina will automatically suspend your license for 30 days. After the 10th day of the revocation period, you may be eligible for a limited driving privilege.

What Happens With a Second DWI in North Carolina?

In NC, if you are found guilty of a level three DWI, you face the following penalties for a second offense DWI: Fines of up to $1,000—three days to six months in jail. Suppose the term of imprisonment is in limbo. In that case, you must serve at least 72 hours of community service and 12 months of probation.

DWI Defenses

In DWI, the prosecutor must prove every element of DWI under the law beyond a reasonable doubt. In many cases, elements can be challenged based on the evidence your attorney uncovers. 

These defenses can include:

• Flaws in the chemical testing process. These flaws can lie in how the test was administered, the chain of custody, whether the equipment was correctly calibrated or maintained, and more.
• You had a medical condition that produced false testing results. 
• Faulty sobriety tests. Sobriety testing is notoriously subjective and inaccurate. 
• Arrested without probable cause.
• The officer did not read you your Miranda rights. 
• You were not under the influence. Law enforcement testimony as to your impairment without chemical test validation can be purely subjective.

Reach out to Eustache Law for a free case evaluation with our Winston-Salem DWI attorney by contacting us at (336) 827-9208.