North Carolina DWI First Offense – All You Need to Know

Driving while intoxicated (DWI) in North Carolina is a serious offense with stiff consequences. Because a DWI may lead to the injury or death of other drivers, North Carolina imposes strict laws to prevent offenders from repeating the offense or committing it in the first place. If you find yourself charged with a DWI in North Carolina, you may want to know the consequences of a North Carolina DWI first offense.

At Edwards Law, PLLC, we are highly experienced in representing DWI cases, having achieved positive outcomes for our clients. Whether it is a first or fifth offense, we make sure our clients have aggressive and quality representation. With increasing cases of DWI, prosecutors will likely seek the harshest sentences.

North Carolina DWI Laws

Driving while impaired (DWI) in North Carolina means driving with a blood concentration (BAC) of 0.08 or higher, per a breathalyzer test. Police can also arrest a suspect if the individual exhibits characteristics such as poor concentration, driving carelessly, or displaying signs of impairment during a field sobriety test. Commercial drivers face a DWI if their BAC is 0.04. Repeat DWI offenders receive the harshest consequences.

While most people think of driving impaired as driving under the influence of alcohol, it can also include driving under the influence of drugs, including prescription medication. Even over-the-counter cough syrup can cause impaired driving in certain quantities, especially if mixed with alcohol.

Driving while impaired is considered such a serious offense in North Carolina that lawmakers are debating lowering the legal BAC to 0.05 from 0.08. This change came largely as a result of an entire family being killed by a drunk driver in Garner on U.S. 70, eastbound from Benson Road to New Rand Road.

Penalty for a First DWI Offense

If you are arrested and charged with a DWI, you may suffer some harsh DWI penalties. Even if it is your first offense, you could serve time in jail or probation, pay fines, have your license suspended, be required to do community service or enroll in an alcohol program. A first DWI is considered a Level V misdemeanor.

The full fine schedule for DWI charges is listed below:

• Level I: The most serious DWI offense for repeat offenders carries fines of upwards of $4,000 and jail time between 30 days to two years.
• Level II: Also a serious offense for repeat offenders, this carries fines of up to $2,000 and jail time between seven days and a year.
• Level III: The offender could pay fines of up to $1,000 and spend 72 hours to six months in jail.
• Level IV: The offender could pay fines of up to $500 and spend 48 hours to 120 days in jail.
• Level V: The least serious offense involves paying fines of up to $200 and serving between 24 hours and 60 days in jail.

A report from the North Carolina Sentencing and Policy Advisory Commission revealed that 57% of 2023 DWI convictions were Level V. However, the court may decide to increase the penalties to those in Level IV, which means the offender could spend up to 120 days in jail. In most cases, the offender may serve at least 24 hours in jail or 24 hours of community service to get their sentence reduced.

DWI charges are misdemeanors, even up to Level V offenses. However, in some cases, they can involve felony DUI charges. This occurs if property is damaged over a certain amount, someone is injured, or a person is killed. DWI-related vehicular homicide, for example, is a Class D felony.

When to Hire a Lawyer

If this is your first DWI arrest, you have a chance for your jail time to be suspended or fines reduced. If you are pulled over for DWI, you should immediately ask to contact your lawyer. Your lawyer can inform you of your rights, including the right to remain silent. This can keep you from saying anything that can potentially be used against you.

FAQs

Q: What Happens When You Get Your First DWI in NC?

A: When you get your first DWI in North Carolina, a number of things can happen. A first-time DUI is typically considered a Level IV or V offense, which means jail time for up to 120 days. The minimum jail sentence is 24 hours or 48 hours, which may be suspended if the offender commits to serving 24-48 hours of probation or community service and agrees not to drive for a specified period of time. First offenders may also have to pay fines from $200-$500.

Q: What Is the Minimum Sentence for DWI in NC?

A: A minimum sentence for a DWI in North Carolina comes from a Level 1 misdemeanor, which is punishable by a minimum of 24 hours to 60 days in jail. The minimum fine that may be levied is $200, and it is dependent upon the court’s discretion. First offenders may also have their licenses suspended and have to enroll in an alcohol education program.

Q: What Is the Most Common Sentence for a First DUI?

A: The most common sentence for a first DUI is a Level V offense. Level IV DWI is also a first-time offense but is based on whether aggravating factors are present. Level V, the most common, typically comes with jail time of up to 30 days, a 60-day license suspension, and up to $200 in fines.

Q: Can a DWI Be Reduced in NC?

A: Yes, a DWI can be reduced in North Carolina unless it is a Level I or II offense. Level I and II offenses are for repeat DWI offenders. If you have a Level III-V offense, you might get your sentencing reduced if you hire a skilled DUI lawyer. Your lawyer can navigate the legal system and aggressively pursue your freedom in front of a judge.

Consult an Experienced Former Prosecutor Today

Doug Edwards is a skilled former prosecutor with over 10 years of experience in defending individuals charged with crimes. We represent cases from simple misdemeanors to murder and also DWIs. If you are fighting a DWI charge, contact Edwards Law, PLLC, today for a case consultation.