Last Updated on April 6, 2021 by Morris Green

Busted! Whether partying or not, you were pulled over in North Carolina and charged with a DWI. Now what? How can you clear up an out of state DWI? Do you even have to?

Being an out of state resident does not exempt you from satisfying the requirements of NC State law for a DWI conviction. The best legal action is to handle the charges promptly. Before you can put this kind of incident behind you, you must manage the time and cost of court, revocation of driving privileges, and the state required process of satisfying a DWI sentence. Hiding out of state lines won’t make the charge go away, and regaining your driving privileges demands following the rules, no matter how old the charge.

Step 1: Legal Representation & Court For Your DWI

Although you are not required to seek legal representation, it is an advantageous move, particularly if this is your first offense and you are an out-of-state resident. Attorneys who specialize in DWIs are familiar with the process. Also, they have knowledge of how to complete any court-ordered steps to clear the charge.

Should you hire an attorney in North Carolina instead of one closer to home? Yes. A North Carolina attorney who handles DWIs is a far better investment than one outside of the state. Attorneys in NC are intimately familiar with the process of getting a license back, and they can help you prep.

North Carolina DWI Sentencing Levels

A DWI can be on any of six levels in North Carolina. The ranking system operates in descending order from the most lenient (Level 5) to the most serious (Level 1).

• Level 5 DWI: This is the most lenient DWI sentence. A judge must find that no grossly aggravating factors were involved, and the mitigating factors outweigh the aggravating factors. If sentenced with a Level 5 DWI, you can be fined up to $200 and imprisoned for 60 days.
• Level 4 DWI: More severe than a Level 5, the Level 4 DWI is sentenced when no grossly aggravating factors were involved, and the mitigating factors balance the aggravating ones. This level includes a fine of up to $500 and a possible jail sentence of 120 days.
• Level 3 DWI: When no grossly aggravating factors are proven, and the aggravating factors substantially overshadow the mitigating factors, a judge can issue a Level 3 DWI sentence. Punishment can include a fine of $1,000 and a maximum prison sentence of up to six months.
• Level 2 DWI: A Level 2 DWI sentence occurs when one grossly aggravating factor is proven. In this case, a judge will not weigh aggravating factors against mitigating ones unless a factor impacts the severity of punishment. Level 2 DWI convictions can result in fines of up to $2,000 and a one-year
• Level 1 DWI: Strong punishments are levied against Level 1 convictions. In such cases, the judge must find that there were two grossly aggravating factors or that at least one passenger in the vehicle at the time of the arrest was under the age of 18. Punishments can include a fine of $4,000 and a two-year prison sentence.
• Aggravated Level 1 DWI: This is the most severe DWI. An aggravated Level 1 applies to cases in which a judge finds three or more grossly aggravating factors. Fines can be as high as $10,000 and imprisonment as long as three years.

Note the consistent possibility of prison time. Seeking qualified legal aid can help you plead for alternatives to incarceration.

Step 2: Obtaining a DWI Assessment in North Carolina

North Carolina is not lenient on motorists who drive under the influence. Even first-time offenders are required by law to obtain an alcohol assessment and complete the recommended treatment or classes.

By law, a DWI assessment must be completed by an agency licensed as a North Carolina DWI services provider. Non-licensed providers are fraudulent and cannot provide the state approved processes of assessments and/or treatment! A North Carolina attorney will be able to verify which service providers are state licensed. In fact, most will have a state licensed service provider that they work with regularly.

You will need to prep for the assessment. Be sure to bring the necessary documentation, which includes:

• A clear copy of your DWI citation.
• A report of your blood alcohol content (BAC) at the time of the incident.
• Your complete driving record, which you can obtain through the Department of Transportation in your state of residence.

Alcohol assessments are good for six months. It is best to act to complete the recommended treatment promptly; otherwise, if treatment has not been completed within six months of the assessment’s date, a new assessment will be required.

Step 2b: Obtaining a DWI Assessment outside of North Carolina

North Carolina has an out of state review process in place whereby you can complete the DWI Assessment and the required classes in the state that you currently reside without having to come back to North Carolina. That process will need to be coordinated by an approved DWI service provider in North Carolina.

The service provider will assist you in the following ways:

• Locate and suggest approved DWI or DUI facilities in your state
• Obtain the necessary documents from both your home state and the North Carolina DMV offices
• Answer questions you may have about the reinstatement process
• Submit your Form e-508 to the North Carolina DMV
• Follow up with the NC DMV to ensure that your compliance has been satisfied and documented

Step 3: DWI Classes or Treatment

Five levels of DWI treatment are used in North Carolina. These include:

• ADETS
• Short Term Outpatient Treatment
• Long Term Outpatient Treatment
• Day Treatment
• Inpatient or Residential Treatment

Step 4: Satisfying the Sentence & Regaining Your License

The final step to handling your out of state DWI will be to satisfy the sentence. Once all fines have been paid, imprisonment time served (or a reduced sentence focused on treatment has been documented and completed by a licensed service provider), and all other terms indicated by the court have been met, you will qualify to regain driving privileged within North Carolina.

Will an out of state DWI affect your driver’s license within your state of resident? The answer varies state to state, but most DMVs share information. Don’t task the risk of an out-of-state DWI becoming a much more serious matter. Contact an attorney and start planning for a DWI assessment as soon as possible.

Need help? Our office is a state licensed DWI services provider in North Carolina, and we are experienced with working with out-of-state offenders. Contact our office today for help moving forward!