DUI
Protect Your Future; Partner With a Skilled DUI Lawyer in Raleigh, NC
A DUI/DWI conviction can result in a variety of severe and life-altering consequences. You may be required to pay steep fines, lose your driving privileges, and even serve jail time. Beyond the legal penalties, you could also lose your job and limit your future employment opportunities by having a mark on your criminal record.
Being arrested for DUI doesn’t mean you are guilty. You have rights and you may have a valid defense that could get your charge dismissed or reduced to a lesser charge. Regardless of the evidence brought against you, you should never give up or face the situation alone. Partner with an experienced DUI lawyer at Cain Law, PLLC to get the defense representation you need.
Attorney Timothy Cain serves clients accused of DUI/DWI in Wake, Johnston, and the surrounding areas in North Carolina. He will thoroughly investigate the facts of your case and devise an appropriate defense strategy. When you need a DWI attorney with knowledge and compassion, reach out to Cain Law, PLLC and start with a free consult.
North Carolina DWI Laws Explained
In North Carolina, the correct legal term for an impaired driving charge is DWI (Driving While Impaired), however, the term DUI (Driving Under the Influence) is often used interchangeably.
The law prohibits a person from operating a vehicle while impaired by alcohol or another impairing substance. Having a blood alcohol concentration (BAC) of .08% or greater is considered being impaired.
If you are arrested for DWI, you will face both administrative and criminal penalties. That means there will be separate processes for dealing with your driver’s license and your criminal trial.
DWI charges are classified into 5 levels under North Carolina law (Level 5 being the least serious, Level 1 being the most serious). The classification you receive will depend on the number of previous DUI convictions on your record, as well as other aggravating factors such as:
- Especially reckless or dangerous driving
- Attempting to evade arrest by speeding
- DWI that led to an accident
- Having a BAC of .15% or greater
- Having a minor in the car
- Seriously injuring another person
- DWI while license is revoked
Penalties for each level of DWI are as follows:
Level 5: 24 hours to 60 days in jail, up to $200 in fines
Level 4: 48 hours to 120 days in jail, up to $500 in fines
Level 3: 72 hours to six months in jail, up to $1,000 in fines
Level 2: Seven days to one year in jail, up to $2,000 in fines
Level 1: 30 days to two years in jail, up to $4,000 in fines
You can also receive an aggravated Level 1 charge, which may result in a 1-3 year jail sentence and up to $10,000 in fines.
For your first DUI charge, you will likely receive the lowest level charge unless there are aggravating factors. For a 2nd or 3rd DUI charge, you will receive a lower level (more serious) charge.
North Carolina has a zero-tolerance policy for underage DUI. If you drive with any amount of alcohol in your system while under the age of 21, your license will be immediately revoked for at least 30 days. You will also be charged with a class 2 misdemeanor, which is punishable by up to 60 days in jail and a $1,000 fine.
If you are a commercial driver with a CDL and you get a DWI charge, regardless of the vehicle you were driving at the time, you will be disqualified from driving a commercial vehicle for 1 year, even if you aren’t convicted. There are limited grounds to challenge the revocation of your CDL.
Consult With a DUI Defense Attorney Today and Find Out How You Can Protect Your Rights
Don’t hesitate to get the advice and representation you need. Contact Cain Law, PLLC today to discuss your case with a qualified DUI lawyer in the Raleigh, NC area. Just call (919) 896-8400 or fill out our online contact form to request your free consult.
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