There are many misconceptions about the motor vehicle laws here in North Carolina. First of all, the actual charge for driving impaired isn’t called a DUI. Here it is called a DWI, standing for driving while impaired, rather than the driving under the influence moniker it is given in other states. Another thing you should know is that it is very important to handle DWI or DUI defense properly.
The next thing to know is how the blood alcohol concentration (BAC) factors in. You may think you are safe driving around with a level lower than the 0.08% number often believed to be okay, but you can be faced with needing DWI or DUI defense for lower BAC percentages. For example, the number drops to 0.04% for commercial vehicles, and if your actions show your mental or physical abilities have been impaired, you can be charged at any BAC percentage. You can also be charged at any percentage if you are under the age of 21.
As for sentencing, there are 6 levels of punishments for DWIs – Level 5, 4, 3, 2, 1, and aggravated level 1 with level 5 the most lenient. Your DUI defense goal is to first dismiss the charges, but if that is not possible, to have your sentencing hearing following the trial get you the best outcome. Mitigating, aggravating, and grossly aggravating factors are considered when determining the level.
A few other things you should know about DUI defense is that it cannot rest on whether or not you were read your Miranda rights; you have the right to speak to an attorney before providing a blood or urine sample (up to 30 minutes delay); refusal to undergo chemical analysis is an automatic one year revocation of your license; and you can get a DWI if in a parked car or riding a bike.
If you have received a DWI or have questions regarding DUI defense, give us a call at GPS Law Group in Charlotte, North Carolina. We have the experience to assess your case to determine if there are arguments for dismissal and provide advice about things you can do prior to your court date to improve the outcome. Contact us today to learn more.