Raleigh DWI Lawyers

Raleigh DWI Lawyers Fighting to Mitigate Your Charges

Driving while impaired, or DWI, is a common arrest in North Carolina, but that doesn’t mean it’s not serious. Depending on the circumstances behind your arrest, you may be facing potential consequences such as:

• Losing your driver’s license
• Losing your job
• Incurring large fines
• Jail time

Furthermore, when a commercial driver DWI or DWI with accident is involved, the charge, penalties, and other consequences are much more severe. Additionally, if you are charged for an underage DWI or have multiple DWIs, the consequences are even more significant. A serious arrest on your record can haunt you for years—showing up every time you apply for a job or even when someone runs a basic internet search of your name. It can follow you for several years, damaging your reputation and limiting your opportunities long after the incident itself.

DWI cases are complex in North Carolina with the laws constantly changing and tougher statutes being passed almost yearly. New appellate court decisions are handed down at a rapid pace, sometimes twice a month. There are a myriad of details that come into play, technical in nature, and each one can be challenged during the phases of a DWI investigation. Your future depends on having an experienced, aggressive DWI attorney acting on your behalf to ensure your rights are protected while doing everything possible to help you avoid harsh penalties.

With over 60 years of combined legal experience and a proven history of success, Sandman, Finn, & Fitzhugh bring innovative legal solutions to our clients and strive to protect your freedom and future. As an advocate for you, both in and out of court, we’ll walk you through the complicated legal process, keeping you informed, setting realistic expectations, and acting as your ally. 

Benefits of Hiring the DWI Lawyers at Sandman, Finn & Fitzhugh

When you hire the DWI attorneys at Sandman, Finn & Fitzhugh, you can expect

• Over 3,000 DWI cases defended:  bringing deep experience to every client’s situation
• 1000’s of DWI charges dismissed:  attributed to strategic, aggressive defense
• Comprehensive expertise in license-related matters:  including limited driving privileges, ignition interlock compliance, and DMV license restoration
• Trial-ready representation: unlike many attorneys who default to guilty pleas, we are fully prepared to take your case to trial when it’s in your best interest
• Former Assistant District Attorney:  with firsthand knowledge of how the prosecution builds DWI cases

Call (919) 845-6688 to speak with a Raleigh DWI Lawyer for a free consultation. Contact us today.

DWI Charges are Determined by the Following:

North Carolina prohibits operating a vehicle and being in actual physical control under the following conditions: 

• Having a blood alcohol concentration (BAC) of 0.08 percent (or 0.04 percent for commercial drivers, including trucks, taxis, and ride share);
• Under the influence of an impairing substance, including alcohol or controlled substances;
• Having a schedule one controlled substance, such as opiates, in your system, even if they are legally prescribed.

Punishment for DWI Charges in North Carolina

North Carolina has a complex method of DWI sentencing for convicted individuals with various levels that are based on weighing aggravating and mitigating factors. A DWI is typically a misdemeanor in North Carolina, but there are six levels that play a role in any penalty: 1A, 1, 2, 3, 4, and 5. Level 1A is the most severe while level 5 is the least. 

The level of misdemeanor punishment is determined by 3 types of factors:  grossly asggravating, aggravating, and or mitigating factors

Grossly Aggravating Factors

These will make your penalty more severe as they are seen as negatively compounding the crime of driving while impaired. Factors include receiving a DWI  with a license that was revoked due to a prior DWI, a prior conviction conviction within 7 years of the date offense of the current DWI charges ( if there is more than one conviction each will count separately), committing a DWI with child or disabled person in the vehicle (this factor counts twice), or being involved in an accident that resulted in serious injury to another person:

• If 1 grossly aggravating factor is present, the DWI is a Level 2.
• If 2 grossly aggravating factors are present, the DWI is a Level 1.  (Remember, having a child in the car counts as two factors regardless of the number of children in the car.)
• If 3 or more grossly aggravating factors are present, the DWI is a Level 1A.

If there are no grossly aggravating factors present, your DWI cannot, as a matter of law, be a level 1A, 1, or 2; therefore, your DWI must be a level 3, 4, or 5. To determine the level, we look at whether there are aggravating factors and mitigating factors and balance them out. 

If there are more aggravating factors, the DWI is a level 3. If there are more mitigating factors, the DWI is a level 5. If they tie, the DWI is a level 4.

Grossly Aggravating Factors INCLUDE:

• DWI with a Prior DWI Conviction: A prior DWI conviction within the past seven years 
• DWI with a Revoked License: Driving while impaired with a license that is currently revoked due to a prior DWI conviction
• DWI with Serious Injury: The DWI results in serious injury to another person
• DWI with a Minor Child in the Vehicle: You have a child under the age of 18 in the vehicle at the time of the DWI
• A mitigating factor includes driving in a safe and lawful manner, with the exception of impaired driving, an impairment caused by a lawfully prescribed drug that was taken in a prescribed amount, or a BAC that did not exceed 0.09, having a safe driving record and completing a substance abuse assessment and the recommended treatment.

Impact of Grossly Aggravating Factors

Increased Penalties: The presence of grossly aggravating factors can lead to harsher penalties.

Higher Sentencing Levels: The presence of one or more grossly aggravating factors can increase the sentencing level from a Level 1 or II to Level 1 or even an Aggravated Level I (Level A1).

Mandatory Jail Time: In cases where there are multiple grossly aggravating factors, particularly those involving Level A1 sentencing, mandatory jail time may be imposed.

Aggravating Factors:

Include a blood alcohol level of 0.15,

Causing an accident without severe injury,

Having two or more traffic violations on your record that don’t involve impaired driving, having a license that was revoked for something other than a DWI,

DWI conviction older than 7 years. 

Aggravating Factors INCLUDE:

• High Blood Alcohol Content (BAC): A BAC of 0.15 or higher is considered an aggravating factor.
• Reckless/Dangerous Driving: Driving in a manner that is considered reckless or dangerous, such as speeding, is an aggravating factor.
• Reportable Accident: If the DWI results in a reportable accident, it is an aggravating factor.
• Driving While License Revoked: Driving with a revoked license, for any reason other than a prior DWI, is an aggravating factor.
• Speeding to Elude: Attempting to evade law enforcement by speeding can also be an aggravating factor.

Mitigating Factors

Driving in a safe and lawful manner with the exception of impaired driving,

An impairment caused by a lawfully prescribed drug that was taken in a prescribed amount, or a BAC that did not exceed 0.09,

Having a safe driving record and completing a substance abuse assessment and the recommended treatment.

When a misdemeanor DWI becomes a felony DWI

A misdemeanor DWI becomes a felony DWI when one or more of these grossly aggravating factors are present:

• 3 or more prior DWI convictions within 10 years
• Causing death or serious injury during a DWI
• DWI with a child present
• Fleeing from law enforcement

Penalties for DWI Convictions in North Carolina

Based on any factors of the case, if found guilty of a DWI, penalties are based on the level of DWI that is applicable:

• Level 1A: A minimum of 120 days in jail up to 36 months in jail and a $10,000 fine
• Level 1: A minimum of 30 days in jail up to 24 months and a $4,000 fine 
• Level 2: A minimum of 7 days in jail up to 12 months and a $2,000 fine
• Level 3: Up to six months and a $1,000 fine, and 72 hours of community service
• Level 4: Up to 120 days and a $500 fine, and 48 hours of community service
• Level 5: Up to 60 days and a $200 fine, and 24 hours of community service

The Impact of a DWI on Your Driver’s License

In North Carolina, both a DWI arrest and a conviction each result in a revocation of your driver’s license. A DWI arrest automatically leads to a 30-day license revocation, and a conviction results in a one-year license suspension. 

• Your license is immediately suspended for 30 days after an arrest, regardless of whether you are ultimately convicted. 
• After 10 days of the initial 30-day revocation and before the trial, you may be eligible for a limited driving privilege (LDP) to drive to work, school, or medical appointments.
• If you refuse to take a breathalyzer test, your license is revoked for 12 months, regardless of whether you are convicted. 
• If you are convicted, your license is suspended for one year.
• If your Blood Alcohol Content was 0.15% or higher at the arrest, or if you have multiple convictions, you may be required to install an Ignition Interlock Device (IID) on your vehicle.
• You will more than likely be required to complete a substance abuse assessment and may be required to complete treatment or education programs.

License Revocations for Convictions Based on DWI Levels

If convicted of a level 1A, 1, or 2, a person’s driver’s license will be revoked, and they will not be eligible for a limited driver’s license. Depending on the level of conviction, the loss of a driver’s license can be anywhere from one year to a permanent revocation.

If convicted of a level 3, 4, or 5, a driver’s license is revoked for one year, but the driver is eligible for a limited driver’s license allowing them to drive to work, school, church, and household errands.

Revocation is longer for each subsequent offense:

• First DWI Offense: One year’s revocation if there are no prior DWI convictions within the last three years
• Second DWI Offense: Four years’ revocation for a 2nd DWI conviction within three years. A hearing can restore your license after 2 years if you have completed a DWI substance abuse program and made significant changes in your lifestyle. These changes must be verified by witnesses at the hearing.
• Third DWI Offense: Permanent loss of your driver’s license for a third DWI if the two most recent convictions occurred within 5 years. After five years without a license, you can request a hearing by the N.C. Division of Motor Vehicles to reinstate the driver’s license.

The Consequences of a DWI on Your Auto Insurance

A DWI conviction significantly impacts auto insurance rates, potentially causing a substantial increase or even policy cancellation. You can expect your rates to rise, possibly by hundreds of percent, and it may be difficult to find affordable coverage. 

A DWI results in 12 insurance points, which causes your insurance premium to jump by 400%. You may be classified as a high-risk driver and face higher premiums for up to three years after a conviction. In some cases, you may be required to file an SR-22 bond, which is a form proving you have the required minimum insurance coverage.

• Increased rates
• High-risk classification
• Potential cancellation
• Extended impact
• SR-22
• Problems finding insurance

Accused of driving while intoxicated? Call (919) 845-6688 and speak with a DWI lawyer in Raleigh for a free consultation.

DWI As a Federal Crime

While the overwhelming majority of DWI cases are handled by the state, there are times when a case can be prosecuted by the United States Department of Justice. Specifically, any crime that occurs on federal property, such as a military base, national park, and land that’s protected by the Department of Agriculture or US Fish and Wildlife Service.

A civilian who is arrested on a military base for driving while intoxicated will be prosecuted by the federal court; however, because there are no federal laws regarding DWI, the laws of the state will be used. A member of the armed forces who is charged with DWI while on base may be held to the Uniform Code of Military Justice and may also face prosecution in civilian court.

The Importance of a DWI Lawyer

Many people feel there isn’t much they can do when accused of driving while intoxicated, but that’s simply not true. An experienced DWI lawyer will work to have charges dropped and, if that’s not possible, will do everything possible to minimize the penalty. Going to jail and losing driving privileges can lead to a loss of your job and cause severe disruptions to your family. Instead of jail and heavy fines, hire the right lawyer who can appeal for community service or enrollment into a treatment program.

At Sandman, Finn, & Fitzhugh, we are on your side, providing personalized representation. This includes:

• Help getting your driving privileges back: We develop client-specific services and work swiftly to get you back on the road with your driving privileges intact. No two cases are the same, but our legal experience allows us to defend clients in the most challenging situations.
• Representation catered to you: Can’t carve out time to meet face-to-face initially? No problem. We can communicate through email or a phone call. We’ll also stay open late to have after-hours meetings to adhere to your busy schedule.
• Efficient legal care: After you hire Sandman, Finn & Fitzhugh, we immediately file a subpoena requesting police reports and videos to ensure nothing gets erased. We’ll also make sure all motions are filed in a timely manner.
• Focused representation to get to “not guilty”: We’ll have multiple office conferences to create a custom strategy with the ultimate goal of dismissal. As we prepare to go to trial, we focus on a sole outcome of not guilty.
• Advocacy that never settles: If, by chance, you are found guilty, we are practiced in the steps needed to avoid or limit jail time and supervised probation, and we’ll work to reduce the costs associated with a DWI.
• Federal representation: In addition to Wake County, we are also federal criminal defense attorneys in the Eastern District of North Carolina if you are charged on federal property.

Schedule a Free Consultation with Our Raleigh DWI Lawyers

If you’ve been arrested for a DWI, you should take immediate action in putting us on your side of the courtroom. In these types of cases, time is absolutely crucial, and our Raleigh DWI defense lawyers develop specific strategies for DWI clients and work swiftly to get you back on the road with a driving privilege. No two cases are the same and our experience allows us to successfully defend even the most obscure cases. Contact us for a free consultation at (919) 845-6688 or fill out our contact form to get started.

DWI Charge ResourceS

• Employment Consequences of a DWI Conviction
  North Carolina has some of the toughest DWI laws in the country. So, in Wake County, the consequences for a DWI conviction do not end in courts of law. They can also negatively impact current and future employment opportunities. Whether you are currently looking for work or already have a job, a criminal record is often detrimental in many more ways than one.
• Implied Consent in North Carolina
  In North Carolina, individuals who have been arrested for driving while intoxicated (DWI), must submit to the state’s “implied consent” law, which essentially means that if an officer has reason to believe someone was driving while intoxicated, it is implied that person consents to taking a chemical test through a blood test or a breathalyzer for the purpose of determining blood alcohol content (BAC). These tests must be administered at a relevant time, though the time is not specifically defined.
• How to Minimize Auto Insurance Rate Hikes After DWI Charges
  An Experienced DWI Attorney Can Help to Minimize Auto Insurance Rate Hikes After a DWI When you are convicted of a Driving While Impaired (DWI) charge, you can count on your insurance rates increasing. The only variable is how much they will go up. Getting through the process of the conviction is only the first… Read more: How to Minimize Auto Insurance Rate Hikes After DWI Charges
• What You Should Do After a DWI in Wake County
  What You Should Do After Being Charged with DWI in Wake County You have been arrested and charged for a drinking while intoxicated (DWI) violation. After being charged with a DWI, you may be overwhelmed. A DWI charge can have a major impact on your life. You may have your license suspended or completely revoked.… Read more: What You Should Do After a DWI in Wake County
• Will You Get Jail Time If You Are Convicted of DWI in NC?
  Find out If Jail Time Comes with your DWI When Charged in North Carolina The level of sentencing for a DWI in North Carolina determines the jail time. A Level 5 sentence may include 24 hours to 60 days of imprisonment; Level 4 has a maximum of 120 days; Level 3 has a maximum of… Read more: Will You Get Jail Time If You Are Convicted of DWI in NC?