Last Updated on September 19, 2016 by Morris Green

Dealing with a DWI in North Carolina: First Conviction

This will be the first post in a four part series provided by Coolidge Law Firm, a Raleigh, North Carolina DWI Law Firm.  The first post in this series deals specifically with some of the factors that can affect your DWI case and some of the very first things that must be considered early on to determine the best way to proceed.

Getting A DWI in North Carolina

The state of North Carolina treats DWIs with the utmost seriousness, and if you are arrested for a DWI in North Carolina you can end up spending time in jail, spending a lot of money, losing your license, and seeing your whole life change in a very short time.

North Carolina does not treat all DWI cases the same and repeat offenders face a range of potential punishments that differ from those that first-time offenders face. If you’ve received your first DWI in North Carolina, you need to know what to expect, and you need to know your options.

Breathalyzers, the Legal Limit, and Going to Trial

It is almost always true in North Carolina that DWI cases go to trial unless the individual pleads guilty so one of the first steps is to assess the severity of the charge. Often times people who have been charged with a DWI think that just because they blew over the legal limit, which is .08% in North Carolina, that they have no other options but to plead guilty, this is not always the case. DWI cases can be thrown out for numerous reasons including if the police officer had just cause to pull the vehicle over in the first place and if the breathalyzer machine gave an accurate reading. Breathalyzer machines are not always accurate and if it can be shown that the machine used on you was in some way not functioning properly this can be grounds to throw the case out.

Conversely, if an individual blows under .08% it doesn’t automatically mean that he or she will be found innocent of the charge if it goes to trial. In North Carolina an individual can be found guilty of a DWI with a blood alcohol level of less than .08% if there are other factors that can be referenced to prove the individual was impaired – how the individual performed in the field sobriety test and if the individual was under the influence of various drugs are two factors that can contribute to a guilty verdict with a blood alcohol level that is less than the legal limit. Like the breathalyzer machine, the field sobriety test is not always considered accurate in determining impairment and can be dismissed if certain factors can be proven such as the credibility of the arresting officer, weather conditions during the test, and numerous others.

DWI laws in North Carolina can be quite complex. Having an experienced North Carolina DWI Attorney is your first step in protecting yourself and your rights.