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 hurdle when you are charged with a DWI. The aftermath of a DWI can be costly and painful, especially in North Carolina.
The Raleigh DWI lawyers at Sandman, Finn, and Fitzhugh are dedicated to working to reduce your DWI charges in Wake County. By reducing the charges, our attorneys can help to mitigate the overall increases for your auto insurance rates after you’ve been charged with DWI.
Driving While Impaired (DWI)
Driving While Impaired (DWI) is the official term in North Carolina for impaired driving. It is the same as Driving Under the Influence (DUI). A person can be charged with DWI if he/she is driving while impaired by alcohol or any other substance, including drugs, medications, or illegal substances. The level of impairment is determined through the blood alcohol concentration (BAC). The BAC is a measurement of the percentage of alcohol present in a person’s bloodstream, essentially indicating how intoxicated the person is. A higher BAC level means a greater amount of alcohol in the blood.
BAC Limits in North Carolina
In North Carolina, the BAC limits are:
- For non-commercial drivers, the legal BAC limit is 0.08%.
- For commercial drivers, the BAC limit is 0.04%.
Zero Tolerance Policy
North Carolina has a zero tolerance policy for drivers under 21. This means that if a driver under 21 is found with any detectable amount of alcohol or another substance in their system, they can receive a DWI.
DWI Charges and Penalties
DWI laws in North Carolina are stringent compared to some other states. The sentencing guidelines are complex and can be confusing, and somewhat subject to interpretation. Sentencing in North Carolina is directly related to the level of punishment state DWI laws mandate as outlined in the North Carolina General Statutes § 20-179. North Carolina sets a minimum, mandatory punishment for the DWI statute in a unique legal framework that is different from all other states. Compared to many other states’ drunk driving statutes (for example, Missouri, Mississippi, and Nebraska), North Carolina’s DWI laws are among the nation’s most harsh.
Various Levels of DWI Convictions
North Carolina has six levels for the criminal offense of DWI, with each carrying varying penalties depending on aggravating factors such as multiple prior DWI convictions and the presence of minors in the vehicle. Level V DWI is the least severe while Level I DWI is the most severe.
Aggravated Level 1: This is the most severe level. Many times this involves prior DWI convictions or gross aggravating factors like serious injury or transporting a vulnerable person.
Level 1: This level is reserved for cases with significant aggravating factors such as a prior DWI conviction within seven years or transporting a child.
Level 2: This level applies when there is one grossly aggravating factor present, such as a BAC of 0.15% or higher, or driving with a revoked license.
Level 3: This level is imposed when aggravating factors outweigh mitigating factors but with no grossly aggravating factors.
Level 4: This level is assigned when there are no aggravating or mitigating factors, or when they are balanced.
Level 5: This is the least severe level, typically applied to first-time offenders with no aggravating factors, or when mitigating factors outweigh aggravating factors.
Penalties
Penalties for DWI convictions can include:
- Fines
- Jail time
- Suspension or revocation of driving privileges
- Ignition Interlock Device (IID) requirements
- Substance abuse assessment and treatment programs
For habitual repeat offenders with three or more DWI convictions within a certain period, there are stricter penalties.
Note that there may be aggravating and mitigating circumstances that can lessen the penalties in your conviction.
DWI and Auto Insurance
The insurance company is not notified when a person is convicted of a DWI. They find out by reviewing a driver’s Motor Vehicle Report (MVR) during a policy renewal or when obtaining proof of insurance through an SR-22 or FR-44. The MVR is obtained directly from the Department of Motor Vehicles and it provides information on traffic violations, accidents, and license status.
The insurance company may also learn about a DWI conviction through court records or police reports. Insurance companies routinely check MVRs, which are detailed records of a driver’s history. When you apply for a new policy, renew an existing policy, or when you make a claim, the insurance company will pull the MVR and review it.
When an insurance company is reviewing a driver’s record, it will typically look at a specific period, referred to as the “lookback period,” which is typically 3 to 5 years, but can be longer in some cases.
If you fail to disclose a DWI and the insurance company finds out about it later through an MVR, they may cancel your policy or refuse to renew it.
Higher Premium Rates for DWI
In North Carolina, the state and insurance companies use a point system. The number of points you get correlates to an increase in your insurance rate. A DWI conviction results in 12 insurance points. These points are assessed under the Safe Driver Incentive Plan (SDIP). The SDIP allows insurance companies to increase rates by up to 340% for drivers with 12 points due to the driver being categorized as high-risk.
- Increase in Rate: Insurance premiums can increase by 300% or more with a DWI. This could equate to a difference of $4,338 per year for your premium.
- Duration of Increased Rate: The duration of higher rates can vary, but it is common for the increase to last several years, even 3 to 5 years.
- Impact on Coverage: Some insurance companies may drop coverage entirely for high-risk drivers so that it is more difficult to find affordable insurance.
Other factors can also contribute to high insurance premiums such as prior speeding tickets and accidents.
Finding Insurance After a DWI in North Carolina
If you are dropped by an insurance company after a DWI conviction, or your premium rates increase to a point that you can’t afford, you will find yourself in a position of searching for another insurance company. Some companies specialize in “high-risk” or “non-standard” auto insurance. Some online resources and agencies can help you find appropriate insurance when you are considered to be a high-risk driver.
How An Attorney Can Assist You in Avoiding Large Auto Insurance Rate Increases After DWI Charges
It is a fact that a DWI conviction results in a significant increase in your car insurance rates. On average, a DWI can cause your rates to jump by up to 70%. That is a significant increase especially when added to any fines or court-mandated programs associated with your DWI. Additionally, a DWI conviction can affect your life in other areas besides insurance rates. You may be denied renting an apartment
An experienced attorney can work to lessen a DWI charge by negotiating a plea deal to a lesser offense, challenging the evidence against the client, or arguing for a dismissal due to procedural errors or lack of evidence.
5 Potential DWI Defense Strategies
1. Negotiating a Plea Deal
A Lesser Offense: An attorney may negotiate with the prosecutor to have the DWI charge reduced to a lesser offense, such as reckless driving, which carries less severe penalties.
A Dismissal of Other Charges: If you are charged with multiple offenses, an attorney can negotiate to have those charges dismissed in exchange for a plea on the DWI charge.
2. Challenging the Evidence
Lack of Probable Cause: Your experienced attorney can argue that the police lacked probable cause to initiate the traffic stop or make the arrest.
Improper Field Sobriety Tests: The attorney can challenge the accuracy and effectiveness of field sobriety tests.
Breathalyzer or Blood Test Issues: The attorney can question the accuracy of breathalyzer or blood test results, including potential errors in the testing procedures or equipment.
Medical Conditions: If a medical condition could have affected the BAC test results, the attorney can present evidence to support this.
Chain of Custody: If there were errors in how the police handled blood or urine samples, the attorney can argue that there was a break in the chain of custody, making the test results inadmissible.
Lack of Miranda Rights: The attorney can argue that the police failed to advise the client of their Miranda rights.
3. Dismissal Due to Procedural Errors
Lack of Reasonable Suspicion: You may be able to have the charges dropped if your attorney can show that the police did not have reasonable suspicion to pull you over.
Unlawful Evidence: The attorney can argue that the evidence was obtained unlawfully, such as through an illegal search or seizure.
Suppression of Evidence: If the police obtained evidence illegally, the attorney can move to have the evidence suppressed.
4. Mitigating Circumstances
Clean Driving Record: A clean driving record can be presented as a mitigating factor to the court.
Voluntary Participation in Alcohol Treatment: Participating in alcohol education or treatment programs can show a commitment to rehabilitation.
Limited Driving Privileges: If the client’s license is suspended, the attorney can request limited driving privileges for essential purposes, such as work or school.
5. Seeking Expungement
Dismissal or Acquittal: If the DWI case is dismissed or the client is acquitted, the attorney can help with the process of seeking an expungement to clear the record.
Steps to Take Immediately After a DWI Arrest
It is important to remain calm, exercise your right to remain silent and contact an attorney immediately after a DWI arrest. If you refuse to take a breathalyzer test or a blood test, you will automatically get a one-year license suspension. Consider your options carefully.
Securing the legal representation of an experienced DWI attorney is a critical action after a DWI arrest. An attorney who specializes in such matters can guide you through the complexities of the legal process and will know the strategies to employ in mitigating the immediate consequences and the long-term effects on insurance premiums.
Keep these things at the forefront of your mind if you are arrested:
- Don’t talk to the police about the incident unless advised by your attorney.
- Exercise your right to remain silent until you have legal representation.
- Don’t make any admissions or statements that could be used against you.
- Document all details about the event. Include any records of property damage and any law enforcement interactions.
- Notify your insurance provider to understand any immediate impact on your insurance policy.
Contact Sandman, Finn, and Fitzhugh for a Free Consultation on DWI Charges in Wake County
When you are facing a DWI charge, don’t try to maneuver the complexities of the laws and insurance alone. Our experienced and knowledgeable team at Sandman, Finn, and Fitzhugh can guide you through the process. Understanding the basics outlined in this article will give you the foundation you need when working with an attorney on your case. Rest assured that we will be with you every step of the way. Call us at (919) 845-6688 to speak with an attorney for a free consultation or fill out the online contact form to get started.