When you were growing up, did you ever have a friend tell you, “It’s only wrong if you get caught”? Swiping that cookie from Grandma’s cookie jar before dinner wasn’t a big deal if no one saw, and you could pass off your inability to finish dinner as a stomach ache. Missing school from a light bulb caused temperature was fine, as long as mom and dad didn’t see you holding the thermometer over your lamp.
All too often, even as adults, we associate the seriousness of a matter with whether or not we get caught. If no one knows, no one gets hurt, right? And we hold fast to this logic until someone finds out. Then, we scramble to remedy the situation as soon as possible. Let’s be honest; this kind of thinking is a bit flawed, isn’t it?
A driving while impaired or DWI charge is something all too often considered as an “oops, I got caught” moment. Some offenders shrug it off, grumble about the steps they must take to remedy the situation, and then go right back to the same pattern – it’s only wrong if you get caught. But just how serious is a DWI in North Carolina? Is it time to stop putting it in the same category as raiding Grandma’s cookie jar and faking a fever?
First Offense DWI in North Carolina
In North Carolina, a sliding scale is used for DWI punishments based on a combination of mitigating and aggravating factors. The scale has five levels. The fifth level results in the lowest punishments whereas the first level generates the most severe of fines and incarceration. In most cases, a first offense DWI in North Carolina is categorized anywhere between levels three and five.
The state takes driving while impaired very seriously. If your blood alcohol concentration (BAC) is at 0.08 percent or higher, you will be charged with a DWI. It does not matter if your actual driving ability was impaired; the BAC is the deciding factor.
Can you refuse a breathalyzer test to avoid being charged with a DWI? We actually covered your right to refuse a breathalyzer in depth in a previous article. While it is your right to refuse the test, the consequences are serious:
- You will most likely lose your license for one year.
- A refusal will not make a DWI charge easier to beat or escape.
- A refusal will not negate a charge because the state can order a hospital performed blood
First time DWI offenses usually result in an administrative license suspension of 30 days with the possibility of limited driving privileges after ten days. In most cases, your license will be under a one-year suspension pending a court-ordered DWI assessment and attendance of DWI classes or treatment. Second and third-time offenses become far more serious, sometimes resulting in anywhere from a seven to a 30-day jail sentence.
DWI convictions will remain on your North Carolina driving record permanently. The state takes drunk driving very seriously and cracks down on first offenders.
Out of State DWIs and DUIs
What if you’re not a resident of North Carolina, but you received a DWI or DUI while in the state? An out of state charge is just as serious as an in state charge. Your home state can and will use your North Carolina DWI or DUI to revoke your license, which means it is still a very serious matter.
Once charged, your offense becomes a time sensitive matter. You will have to follow the steps required by North Carolina to reclaim your driver’s license and resume your driving privileges. Whether a resident of North Carolina or the recipient of an out of state DWI or DUI, you will likely need:
- A DWI Service Provider: After appearing in court, your attorney will refer you to the best DWI/DUI service providers in the area. For out of state cases, you will need to work with an approved service provider in the state your charge originates. It’s important to follow your attorney’s advice and recommendations regarding a service provider since they know the most reputable and best-performing providers in the state.
- A DWI Assessment: Sometimes referred to as an alcohol assessment or alcohol evaluation, a DWI assessment will need to be completed by a certified substance abuse counselor. Both the court and the DMV require the assessment. You’ll want to provide the assessment provider with a copy of your full driving record and documentation of your current case. The assessment will determine what level of treatment is needed and get you started on completing the necessary steps to reclaiming your license.
- DWI Classes: Alcohol and Drug Education Classes are a fundamental element of reclaiming your license in North Carolina. The ADETS educational program is designed to teach people with DWI convictions how to lessen the risk of substance use disorders and other problems associated with substance abuse. The goal is to reduce the risk and rate of accidents, abuse, and addiction-related alcohol charges.
What exactly will apply to your case will depend on several factors, including the severity of your charge and whether the charge is an in or out of state matter. We can help you navigate the system with ease and understanding, and we pride ourselves on upholding your trust and confidentiality. If you’re trying to recover from a DWI or DUI charge, check out our DWI services.
Driving While Impaired Is Serious
How serious is a DWI charge in North Carolina? It’s serious enough to interfere with your ability to drive. It can impact your professional and social life. It can even ruin your reputation. In the most extreme cases, it can be accompanied by manslaughter charges if you struck and killed someone while driving under the influence.
A DWI isn’t as innocent as sneaking Grandma’s cookies before dinner or faking a fever to skip school. It can impact your lifestyle right down to your livelihood. Instead of seeing it as only wrong if you get caught, avoid the act of driving while impaired completely. Don’t drink and drive!