DUI Attorney in Wilmington, NC
Defending Clients Who Are Facing DUI Charges in Bolivia
DUI charges need to be handled as quickly as possible, as the sentencing and severity of a possible conviction will depend significantly upon the evidence of the offense. Our Wilmington DUI attorneys at Whitley Coleman are hands-on advocates who will thoroughly examine the relevant evidence in your case to hopefully build a mitigating case in your favor. In many situations, quality representation can make the difference between thousands in fines to hundreds.
Are you facing charges for a DUI? Call Whitley Coleman today at (910) 218-9973 or contact us online to schedule a free consultation with our Wilmington DUI lawyers.
Choosing Whitley Coleman was a great choice because they informed me of everything I needed to know and it was a one time fee. I didn't have to do anything after that. They took care of everything for me.
Call our Wilmington DUI Attorney to Handle Your Drunk Driving Charge Today
If you are facing your first or subsequent DUI charge in Wilmington, contact Whitley Coleman immediately. The quicker you get started on your DUI defense, the quicker your case may be resolved. After all, DUIs rely heavily upon the evidence of the incident, so it is important to take quick legal action. It is also important to act quickly to protect your future driving privileges. At Whitley Coleman, we can pursue a number of defense options to get you back on the road.
Schedule a free consultation to discuss your legal options with Jessica and John today. Give us a call at (910) 218-9973 or contact us online.
North Carolina DUI Laws
It is illegal in North Carolina to operate a vehicle on any highway or public place while the driver is under the influence of an impairing substance, with a blood alcohol concentration (BAC) of .08% or more (.04% for commercial drivers), or with any metabolized Schedule I drug in their system. Note that the law defines being “under the influence" as their faculties being appreciably impaired due to the ingestion of a substance.
Can You Be Charged With a DUI Without Driving?
Yes, you can be charged with a DUI in North Carolina, even if you are not actively driving. Note that operating a vehicle does not have to mean driving; a person can be charged with DUI (also called DWI) merely for being in actual physical control over the vehicle, whether the vehicle is in motion or not. Physical control refers to being asleep in the driver's seat or simply having possession of the car keys.
Aggravating and Mitigating Factors
To determine the penalties for a DUI conviction, the prosecutor and defendant will go to a sentencing hearing to examine any aggravating and mitigating evidence. Aggravating factors will lead to stricter penalties while mitigating factors might warrant less severe punishments.
Gross aggravating factors could refer to whether the incident caused serious injury, if the motorist drove while revoked for a previous DWI, or if they drove with a minor passenger during the offense. A prior DWI within the last 7 years also counts as a gross aggravating factor.
Aggravating factors could be if the driver had a BAC of .15% or more or if they committed reckless driving, caused a collision, eluded the police, drove while speeding 30 mph or more over the limit, or passed a stopped school bus. 2 prior traffic violations and 3 demerit points also count as aggravating factors.
Lastly, mitigating factors could be evidence of a lower BAC (.09% or less), that the impairing drug was a medical prescription, or that the motorist drove relatively safely. A defendant can also decide to do a mental health screening, 60 days of sobriety monitoring, or other treatment prior to sentencing to create additional mitigating factors.
5 Sentencing Levels for DUI
The judge will examine all the above factors and then assign the sentencing level for the DUI that will lay out the defendant’s jail term, fines, and other penalties:
- Aggravated level one (3 or more gross aggravating factors) – up to $10,000 in fines and 12-36 months in jail; if probation is granted, at least 120 days in jail, alcohol and drug monitoring during probation, and completion of drug and alcohol assessment and treatment program
- Level one (2 gross aggravating factors or involvement of a minor passenger) – up to $4,000 in fines and 30 days to 24 months in jail; if probation is granted, at least 10 days in jail, sobriety monitoring, and completion of substance abuse assessment and treatment
- Level two (1 gross aggravating factor) – up to $2,000 in fines and 7 days to 12 months in jail; jail term avoidable by submitting to at least 90 days of monitored sobriety, completion of a drug and alcohol assessment, treatment, or rehabilitation; 240 hours of community services for drivers with a prior DWI within the last 5 years
- Level three (more aggravating factors than mitigating factors) – up to $1,000 in fines and 72 hours to 6 months in jail
- Level four (aggravating and mitigating factors balanced) – up to $500 in fines and 48 hours to 120 days in jail
- Level five (more mitigating factors than aggravating factors) – up to $200 in fines and 24 hours to 60 days in jail
In most cases, the minimum jail time can be avoided with community service. Keep in mind that all DWI convictions also carry a mandatory substance abuse assessment and treatment or rehabilitative course. The judge can count this treatment towards the required jail time.
Underage DUI in North Carolina
In North Carolina, anyone under 21 years old cannot legally consume alcohol. According to the state’s a strict zero-tolerance policy, iIt is also illegal for anyone under 21 to operate a motor vehicle with any amount of alcohol in their system.
Therefore, if an underage driver is found to have a blood alcohol concentration (BAC) of 0.01 or higher, they can be charged with driving after consuming alcohol under the age of 21, also known as "underage driving while impaired" (UDWI). Furthermore, if the BAC is 0.08 or higher, they can be charged with a regular DUI.
Underage DWI in North Carolina is a Class 2 misdemeanor, punishable by a maximum jail sentence of 60 days and a fine of up to $1,000. However, judges have the discretion to place the offender on probation in lieu of jail time.
Is a DUI a Felony in North Carolina?
A DUI in North Carolina is generally not a felony unless certain aggravating factors are present. In North Carolina, a DUI is typically charged as a misdemeanor offense.
However, there are certain circumstances where a DUI can be charged as a felony in North Carolina. These circumstances include:
- Habitual DUI
- DUI with serious injury or death
- DUI with a minor in the car
It's important to note that the specific laws and penalties related to DUI charges can vary depending on the circumstances of the case and the laws of the jurisdiction where the offense occurred.
Can I Lose My License For a DUI in North Carolina?
Individuals will also face a period of license suspension and required ignition interlock device (IID) use depending on their criminal history:
- 1st offense – 1 year of license revocation, 1 year of IID use with the possibility of a restricted license
- 2nd offense – 4 years of license revocation, 3 years of IID use
- 3rd offense – permanent license revocation, 7 years of IID use
Additionally, those who refuse to submit to a blood or breath test under North Carolina’s implied consent laws could also face a 12-month license revocation.
Protect Your Driving Privileges
When facing a DUI charge, it's crucial to understand the potential impact on your driving privileges. Our team of experienced trial attorneys at Whitley Coleman is dedicated to protecting your rights and helping you navigate the legal process to minimize the impact on your ability to drive.
Some potential consequences of a DUI charge on your driving privileges include:
- Suspension or revocation of your driver's license
- Requirement to install an ignition interlock device
- Increased insurance premiums
- Possible loss of professional licenses or job opportunities
- Difficulty traveling to work, school, and other important destinations
Don't wait to take action. Contact our team today to discuss your DUI case and learn how we can help protect your driving privileges.
Contact Whitley Coleman today to get started on your defense with our DUI lawyers in Wilmington, NC. Give us a call at (910) 218-9973.
How DUI Lawyers Help People Who Have Been Charged with a DUI
If you've been charged with a DUI, seeking the help of a skilled DUI attorney in Wilmington, NC can significantly impact the outcome of your case. Wilmington DUI attorneys have the expertise and knowledge to navigate the complex legal system, challenge evidence against you, and protect your rights. They provide personalized legal strategies tailored to the specifics of your case, aiming to minimize the penalties or even achieve a dismissal of the charges. Their advocacy extends beyond court representations, ensuring your best interests are upheld from arrest to resolution.
What Services Can Wilmington DUI Attorneys Provide?
A Wilmington DUI lawyer can offer a comprehensive range of services to assist clients facing DUI charges, including but not limited to:
- Initial Consultation: Our DUI attorneys provide free consultations to discuss the details of your case and explain the possible legal routes and outcomes.
- Case Evaluation: They meticulously examine the evidence, including police reports, breathalyzer results, and witness statements to identify weaknesses or procedural errors that can be challenged.
- Legal Representation: They represent you in all court proceedings, including pre-trial motions, hearings, and the trial itself, ensuring your defense is robustly presented.
- Negotiation Skills: DUI attorneys negotiate with prosecutors to seek lesser charges or alternative sentencing options such as community service or rehabilitation programs.
- License Restoration: They help clients navigate through the DMV hearings and the process of restoring their driving privileges, including obtaining limited driving privileges if applicable.
- Plea Bargains: They offer advice on whether to plead guilty or no contest, and if a plea bargain is beneficial, they negotiate the best possible terms.
- Counsel and Advice: DUI lawyers provide ongoing advice and support throughout the legal process, including helping clients understand the long-term implications of a DUI conviction.
- Mitigation of Penalties: They work to mitigate potential penalties and consequences, such as reducing fines, lowering jail time, or avoiding loss of professional licenses.
- Defense Strategies: Experienced DUI attorneys develop and implement effective defense strategies, such as questioning the legality of the traffic stop, the accuracy of sobriety tests, or the conduct of law enforcement officials.
- Post-Conviction Relief: They assist with appeals and petitions for post-conviction relief, including expungement of DUI records when eligible.
Whether it’s your first offense or a subsequent one, a Wilmington DUI attorney is your advocate and guide through the challenging legal landscape of DUI charges, helping to protect your rights and future.
Contact Our DUI Attorneys Today!
If you are facing your first or subsequent DUI charge in Wilmington, contact Whitley Coleman immediately. The quicker you get started on your DUI defense, the quicker your case may be resolved. After all, DUIs rely heavily upon the evidence of the incident, so it is important to take quick legal action. It is also important to act quickly to protect your future driving privileges. At Whitley Coleman, we can pursue a number of defense options to get you back on the road.
If you are facing charges for a DUI in Bolivia, don't wait to contact our Wilmington DUI attorneys at Whitley Coleman today!
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