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In North Carolina, you have
10 days to act!

In North Carolina, you only have 10 days for your attorney to request a hearing to contest your license suspension. Failure to do so will result in an automatic suspension with no further recourse available

Fact:

These things can cause a false positive result in a breath test:
• Mints
• Gum disease
• Wonder bread
• A high protein diet
• A recent burp
• Dentures
• A tongue piercing

Don't take a chance on a flawed test. Contact an experienced North Carolina DWI attorney today for a free consultation.

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Information on DWI in North Carolina

Request a hearing within 10 days or automatically lose your license

In North Carolina, a DWI is a serious crime that should not be taken lightly.  States across the country are strengthening their DWI laws all the time, supported by more aggressive enforcement programs such as additional roadblocks and enhanced officer training.  The number of DWI arrests each year in North Carolina rivals states with much larger populations. 

If an officer has stopped you for suspicion of driving under the influence in North Carolina, chances are that you will end up being arrested if you’ve been drinking.  You will be asked a series of questions, likely without being told you don’t have to answer them.  If you answer, you can be incriminating yourself and will probably be arrested.  If you exercise your right not to answer, then you also will likely be arrested.  Once you are pulled over, the officer has begun to build the case against you by taking note of everything you say or do, even including how you look, i.e. disheveled, red eyed or flush faced.  It is also your right to refuse all roadside tests. The legal threshold for drunk driving in North Carolina is a BAC (blood alcohol content) of .08, however, in order to arrest you, the officer only needs to have a reasonable belief that you are driving while intoxicated, and that can be determined without a breath test.  However, after you are arrested, if you again refuse the breath test, you will automatically face a 1 year suspension imposed by the DMV.  This refusal can also be used against you in your court case, whereas the roadside tests can not.  Because the DWI laws are so complex, it is important that you contact a qualified local North Carolina DWI attorney as soon as possible for a free consultation. 

After you’ve been arrested, fingerprinted and processed, you will face two separate legal cases against you.  You’ll have a trial in criminal court, the outcome of which will determine punitive penalties such as jail time, state sanctioned fines, court costs and other fees, and any alcohol treatment programs and community service if applicable.  The other case is controlled by the DMV, which will deal with your license suspension, reinstatement and points against your driving record.   You have 10 days after your arrest to request a hearing to contest your license suspension, or you risk an automatic suspension.  A free consultation from an experienced DWI attorney costs nothing.  Don’t take a chance on your freedom.  A DWI conviction stays on your record forever.

NORTH CAROLINA is a member of the
INTERSTATE DRIVER'S LICENSE COMPACT

If you are arrested outside your home state, be sure to ask your attorney how this law will impact you.

The penalties listed below are called for by statute, are not complete, and can often be reduced significantly with the assistance of a local North Carolina DWI attorney.  North Carolina applies penalties based on the number of mitigating and/or aggravating factors such as BAC level, prior revocations and more.  Penalty levels are rated on a 1 to 5 scale, with 1 being the most punitive.

CONVICTION PENALTIES
• Level 5 - Fine up to $200, minimum jail sentence of 24 hours, maximum of 60 days.  Court may suspend the sentence only upon the driver’s completion of  24 hours jail time, fulfill 24 hours of community service or refrain from operating a motorized vehicle for 30 days
• Level 4 – Fine up to $500, minimum jail sentence of 48 hours, maximum of 120 days. Court may suspend sentence only upon the driver’s completion of 48 hours jail time, fulfill 48 hours of community service or refrain from operating a motorized vehicle for 60 days
• Level 3 – Fine up to $1,000, minimum jail sentence of 72 hours, maximum of six months.  Court may suspend the sentence only upon the driver’s completion of 72 hours in jail, perform 72 hours of community service or not operate a vehicle for 90 days.
• Level 2 – Fine up to $2,000 with a minimum sentence of 7 days in jail, up to a maximum of  1 year.  The court CAN NOT suspend the minimum sentence.
• Level 1 – Fine up to $4,000 with a minimum sentence of 30 days in jail, up to a maximum of 2 years. The court CAN NOT suspend the minimum sentence.
• License Suspension – 6 months to 1 year at discretion of the court

ADDITIONAL COSTS AND CONSEQUENCES
• Bail – set by the court, required before being released after being arrested
• Towing and Impound – impound up to 10 days plus towing fee approximately $100 plus additional daily storage fees 
• Alcohol Education – substance abuse training and treatment program at your expense
• Insurance –As a designated “high risk” driver, your rates will be raised significantly by your insurance company, and you may possibly even be dropped.
• Record – DUI conviction will remain on driving record permanently
• Employment – offender may lose time off work and possibly even their job.
• Immigration and travel – restrictions can apply with certain convictions
• Vehicle – possible vehicle seizure and forfeiture, given to school board for sale or use

Additional offenses will bring significantly higher penalties, up to 8 years in prison and $10,000 in fines.  Don’t take a chance with your freedom.  It is highly recommended that you contact a qualified local DUI attorney right away for a FREE CONSULTATION on your case.  Your case CAN be won with the right representation.

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