What Happens When You Get A DUI in NC? 2024

What happens when you get a DUI in NC? This is a good question to ask if you’re a North Carolina resident. DUIs are a serious offense, but they are also fairly common. It’s helpful for residents to know the potential legal ramifications of driving under the influence. The state can come down heavily on DUI offenders, and you need to be ready to engage a DUI attorney for help if you are ever in this situation.

What Is a DUI?

A DUI is a criminal offense that happens when you operate a motor vehicle while under the influence of drugs, alcohol, or another controlled substance. The impairment prohibits you from safely operating the vehicle. One way to determine if a driver is under the influence is by their blood alcohol level. If it’s 0.08 or higher, that person is considered legally impaired. For drivers of commercial vehicles, the limit is 0.04.

First Offense

If you are a first-time DUI offender, you could face the following penalties:

• Loss of license.
• Probation.
• Community service.
• Increase in insurance premiums.

North Carolina can be one of the harshest states on DUIs, especially for first-time offenders. The state takes them very seriously. Convicted offenders may never be able to get them removed from their records. Convictions usually do not drop off automatically after a certain amount of time, like some other criminal records. They typically require some kind of administrative action or expungement, which can be difficult to complete.

Two Things to Know When Pulled Over

One important thing to know about DUIs in North Carolina is that those who are pulled over and arrested usually go to jail. You will likely be arrested if your blood alcohol level is at or above 0.08. Following the arrest, the terms of the release will likely be set by a judicial official. Prior criminal history, behavior during arrest, and severity of the offense may all be factored into the terms. Some may be required to post a monetary bond.

Second, you should be prepared for a portable breath test. If suspected of driving under the influence, law enforcement may ask you to submit to a breath test. They will usually use a breathalyzer. It’s within your legal right to refuse the test; however, your refusal is admissible in court, and you risk having your driver’s license suspended. This suspension is separate from any revocation that could result from a DUI conviction.

This means that even if you’re found not guilty of the DUI, your license could still be suspended because of your refusal to take the requested test. Additionally, if law enforcement continues to pressure you to take the breathalyzer or a blood alcohol test, remember they must obtain a warrant before they can draw your blood. It’s a good idea to engage a DUI attorney as soon as possible if you’re in this situation.

FAQs

Q: What Is the Penalty for a First Time DUI in North Carolina?

A: The penalties for a first-time DUI in North Carolina can include fines, prison time, community service, substance abuse treatment, and a suspension of your driver’s license. The degree of each of these penalties will depend on the severity of the offense and other aggravating or mitigating factors involved. The court will review the case and weigh the available evidence when determining the penalties.

An experienced DUI attorney gives you the greatest chance of having your charges reduced or dropped altogether.

Q: Will I Go to Jail for a DUI in North Carolina?

A: You could go to jail for a DUI in North Carolina. The potential punishment depends on several factors. Perhaps the most important factor will be your blood alcohol level. If it is extremely high, you may be facing prison time. Jail time is rare for a first-time DUI offense, but you should get a lawyer involved just in case. DUIs are taken very seriously by North Carolina courts, and you want to ensure you have strong legal support on your side.

Q: Is There a Difference Between a DUI and a DWI in North Carolina?

A: Yes, there is a difference between a DUI and a DWI in North Carolina. While they are both related to operating a vehicle while considerably impaired, one is under the influence of alcohol (DWI), and the other is under the influence of substances (DUI). The penalties and legal consequences are very similar. In a practical matter, it doesn’t make much of a difference if you are charged with a DUI or a DWI; they are both driving impaired, as defined in G.S 20-138.

Q: Is a DUI a Felony or Misdemeanor in North Carolina?

A: A DUI is typically a misdemeanor offense. There are some cases where it could be considered a felony. For example, if you have four DUIs within a ten-year period, that fourth DUI could be a felony. A felony DUI comes with harsher penalties. In addition to fines and jail time, you also risk having your license revoked for life. Your car could also be seized if ordered by the court. If you’re in this situation, engage an experienced DUI attorney immediately.

Q: How Can a North Carolina DUI Lawyer Help Me?

A: A DUI lawyer can help in several different ways. In addition to protecting your legal rights, an experienced lawyer can help you navigate the complexities of North Carolina state court, develop a strong legal defense, and represent you in court if necessary. It can be difficult to understand DUI laws without professional help. Also, you may not know how to effectively negotiate with the prosecution like a lawyer would. A lawyer gives you the greatest chance of success in your case.

A Legal Team Ready to Help

The legal team at Edwards Law, PLLC, is ready and able to help you if you’ve been pulled over for driving under the influence. This is a serious accusation that can lead to severe penalties. The potential consequences could be permanent and life-changing. Our legal team has the experience and legal acumen necessary to help you explore your legal options. Contact us today at our office in Asheville to speak with a member of our team.