DWI Attorney
Serving Sampson County, Cumberland County, Hoke County, Clinton, NC & Beyond

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IS A DWI A FELONY IN NC?

Drivers who register .08 or higher on a blood alcohol test or breath test may be charged with DWI. North Carolina DWI laws indicate that motorists may be charged with driving while impaired if they are under the influence of alcohol, prescription drugs, or illegal drugs.

The North Carolina Department of Public Safety outlines five levels of misdemeanors for a DWI, as well as a felony charge. Punishments for DWI in North Carolina include:



• Level 5: Up to $200 fine, loss of license and 60 days in jail.
• Level 4: Up to $500 fine, loss of license and 120 days in jail.
• Level 3: Up to $1,000 fine, loss of license and six months in jail.
• Level 2: Up to $2,000 fine, loss of license and one year in jail.
• Level 1: Up to $4,000 fine, loss of license and two years in jail.

Felony DWI: Drivers who have three DWI convictions within the past seven years can face a felony DWI charge. They face a mandatory minimum jail term of one year, loss of license as well as completion of a substance abuse program.

Drivers who are younger than 21 face penalties if there is any amount of alcohol in their system or on their breath.

IN CERTAIN CASES, THE ACCUSED CAN EVEN LOSE THE VEHICLE THEY WERE OPERATING AT THE TIME OF ARREST!!!!

HOW DO YOU GET LIMITED DRIVING PRIVILEGES?

BP Condlin may be able to help you obtain limited driving privileges so you can drive to:

• Work
• School
• Church
• Community Service Assignments
• Court-ordered Treatments and Assessments

Limited driving privileges are issued at the discretion of the court. After your free consultation BP Condlin will review with you whether you may be eligible for limited driving privileges and discuss what steps you need to take to request these privileges.

THINGS NEEDED TO OBTAIN A LIMITED DRIVING PRIVILEGE IN NORTH CAROLINA

A driving privilege can be given out to those with a suspended license. These privileges have strict rules and require the driver to only use their car when going to and from work.

Here is what is needed to be awarded one:

• Substance abuse assessment
• DL-123 Insurance Form(must be withing 30-day validation period)
• If non-standard hours, then work documentation from employer (signed statement on company letterhead or work schedule)
• If self-employed, need documentation (card, invoice, letterhead)
• $100 cash, money order, certified bank check credit card payment.
• For one-year limited driving privilege: if you blew .15 or higher you will be required to have the interlock installed and provide verification – you will not be eligible for driving privilege until 45 days after conviction

COMMON DEFENSES AGAINST DRUNK DRIVING NORTH CAROLINA

• Did the police have a reasonable suspicion to stop you?
• Was the field sobriety test administered properly?
• Are the results of the breath test accurate?
• Did the police have probable cause to arrest you?
• Did the arresting officers follow proper protocol?
• Were you read your Miranda warnings?
• Do witnesses contradict the officers’ testimony?
• Were you really the driver of the vehicle?

Each DWI is unique. Every fact must be considered. There are multiple ways to win DWI trials.

BP Condlin is a zealous and dedicated attorney. He believes in the presumption of innocence, and he treats every client with the sensitivity and respect you deserve.