North Carolina DWI Laws

While most people well aware of the dangers of drinking and driving, thousands upon thousands of U.S. drivers are arrested and charged with the offense each year. As a result of the number of injuries and fatalities that are caused by drunk drivers, lawmakers in all 50 states have passed stringent laws to punish those who operate a vehicle while under the influence of alcohol—and with some of the toughest drunk driving laws on the books, North Carolina is certainly no exception. In fact, driving while intoxicated (DWI) is one of the most serious criminal charges a driver in the state can face. Here’s what you should know about North Carolina DWI laws.

From New York to Hawaii, it is against the law to operate a vehicle with a blood alcohol content (BAC) of 0.08% or more in the United States. If you are caught driving with a BAC above this limit, you can be arrested and charged with DWI or similar offense. This means that, even if your ability to drive is not affected, you will nevertheless be prosecuted for drunk driving.

However, while a person may be legally drunk if he or she has a BAC of 0.08% or higher, that doesn’t mean that you cannot be charged with DWI if your blood alcohol content is below this amount. In recent years, many states have enacted additional legislation to further reduce the number of alcohol-related accidents. In North Carolina, for example, you can be charged with either “per se” DWI if you are driving with an illegal BAC or “driving impaired” DWI if your BAC is within the legal limit, but you show signs of intoxication.

Whether you are charged with a per se or impaired driving offense, the penalties for a North Carolina DWI conviction are the same, and often include a mandatory license suspension of 30 days or more, as well as a hefty fine and possible jail sentence. Although most first-time offenders are not sentenced to jail time, the judge may order you to perform community service as an alternate form of punishment.

Fortunately, being arrested for DWI does not always mean you will be convicted of the offense in criminal court, as your guilt must be proven beyond a reasonable doubt. In order to do this, the prosecution will submit evidence that shows you did indeed violate the state’s DWI laws.

Generally, breathalyzer or other chemical test results will be used to prove a “per se” offense, while observatory evidence, such as the officer’s testimony regarding your behavior at the time of your arrest, is required for a “driving impaired” charge. Whichever is used in your case, there are many ways to challenge evidence and prevent it from being used you. However, due to the complex nature of North Carolina’s DWI laws, most people must seek help from an experienced attorney in order to do this.

To learn the best defense options for your case, it is important to discuss your situation with an experienced DWI defense attorney immediately after your arrest. In many cases, having a strong defense strategy can make all the difference in the world. Finish a free online case evaluation form today to find a law firm that specializes in DWI law in your area today.