North Carolina takes extensive measures to keep those who share the state’s roads safe. Because of this, the consequences of a DUI become more drastic with every offense. If you are facing your second DUI charge in Waynesville, don’t panic. There are defense teams who can make a difference in your case, like us here at Edwards Law, PLLC. Reach out to our Waynesville 2nd DUI lawyer to learn more about what you can do when accused of a second offense in North Carolina.
Criminal defense is an area of the law that handles a diverse range of serious offenses. Because of your case’s severity, it’s imperative that you find a defense lawyer who has experience with DUIs. At Edwards Law, PLLC, we’ve been defending clients against DUI allegations for over ten years. This long-term experience helps our team to continuously evolve our defense strategies, keeping them as effective as possible.
Our firm knows just how devastating DUI accusations can be and how quickly they can change your life. That’s why our staff works tirelessly to create a strong defense, protect your rights, and fight for positive outcomes in any situation. If you’re searching for dependable DUI defense in North Carolina, Edwards Law, PLLC, is here for you.
If you live in North Carolina, it’s critical that you understand the immense difference between your first and second DUI. With most criminal offenses, the state is often more lenient when a defendant is being charged for the first time. This is because they understand that mistakes can happen and want to ensure that people stay safe, which is why certain first-time offenses may have milder penalties.
However, because DUIs are already viewed as dangerous offenses, the intensity of your consequences increases drastically if you are convicted a second time. For example, someone charged with their first DUI will receive an automatic license suspension of one year, with some leniency on their privileges. Someone charged with their second DUI can have their license suspended for up to four years, be mandated to use an Ignition Interlock Device afterward, and may even receive jail time.
North Carolina classifies DWI offenses in levels 1-5. While the exact penalties a defendant receives will depend on multiple factors, including the level of their charge, they can expect the consequences to be much stricter than the first time. This is just another reason that retaining an accomplished DUI lawyer is fundamental to your case. The following are the potential consequences a Waynesville resident may receive if they’re convicted of their second DUI:
A “second-offense DUI” is any type of DUI charge that a defendant receives within seven to ten years of their first one. For misdemeanor DUIs, the state has a “lookback period” of up to seven years. With felony DUIs, though, the state can look ten years back into your record. The government does this to evaluate whether a defendant is a repeat offender and how strict their penalties should be.
While the state used to consider DUIs and DWIs as separate offenses, North Carolina now uses the terms interchangeably. Technically, the official charge for anyone found driving under the influence of drugs or alcohol is a DWI (Driving While Intoxicated). However, you may find that lawyers, police officers, and even judges use the phrases interchangeably. Just know that a DUI and DWI refer to the same offense in North Carolina.
Every state has varying laws on what charges are eligible to be expunged. In North Carolina, DWIs are no longer allowed to be expunged from an individual’s record. This is because they are seen as more serious charges, and the state believes it’s helpful for them to remain on an individual’s record permanently. With that said, because the state has a lookback period of seven to ten years, some second offenses may be classified as first offenses if enough time has passed.
Anyone convicted of their second or subsequent DWI in North Carolina is mandated to use an IID when their driving rights are restored. IIDs work as small breathalyzers that lock the ignitions of cars. If a driver wants to use their car, they have to pass a breathalyzer test in order to start it. If they fail, the IID will lock itself, and the driver will have to wait to try again. IIDs were implemented as extra safety measures to help prevent repeat offenders from driving dangerously.
Facing any kind of criminal charge in North Carolina can be daunting, let alone when you’re facing your second DUI offense. At Edwards Law, PLLC, our team is committed to providing legal support that can make a difference, even in the most stressful situations. With over a decade of experience handling DWIs in North Carolina, you can count on our accomplished firm to protect your rights and fight for you.
Contact Edwards Law, PLLC, for superior assistance during a second-offense DUI case.
llegations for over ten years. This long-term experience helps our team to continuously evolve our defense strategies, keeping them as effective as possible.
Our firm knows just how devastating DUI accusations can be and how quickly they can change your life. That’s why our staff works tirelessly to create a strong defense, protect your rights, and fight for positive outcomes in any situation. If you’re searching for dependable DUI defense in North Carolina, Edwards Law, PLLC, is here for you.