A DWI charge in Carteret County immediately threatens your driver's license, your job, and your future. The state has a complex system of punishments, and a conviction leads to a permanent criminal record.
You need a defense attorney who understands the local courts and prosecution strategies to protect your rights.
Contact the defense attorneys at Cummings & Kennedy Law Firm, PLLC. We will build a defense focused on achieving the best possible outcome for your case.
If you have been charged with DWI in Carteret Count, call a dedicated DWI defense attorney at Cummings & Kennedy Law Firm PLLC. We are here to ensure you are treated fairly.
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Why Contact Cummings & Kennedy for your DWI?
Cummings & Kennedy Law Firm is located in beautiful Beaufort, NC. We sit on 613 Cedar Street in Suite A. We are near several key North Carolina landmarks.
Like you, we know the local laws and understand that Beaufort is a supportive and dynamic place to live. That's why we stand out as DWI lawyers known for our empathy and client-centered approach.
Understanding DWI Laws in North Carolina
North Carolina imposes five levels of punishment, ranging from Level 5 (the least severe) to Aggravated Level 1 (the most serious charge). The level assigned to your case depends on various factors, including your BAC level (at least 0.08 percent), prior convictions, and whether there were aggravating circumstances (like causing an accident or having a minor in the vehicle).
North Carolina DWI - Interactive Overview
| Factor | Description |
|---|---|
| Factor | North Carolina Law & Carteret County Implications |
| BAC Limit | A Blood Alcohol Concentration (BAC) of 0.08% or higher establishes impairment. The limit drops to 0.04% for commercial drivers and 0.00% for drivers under 21. |
| Punishment Levels | North Carolina uses a five-level misdemeanor sentencing structure (Level 5 to Aggravated Level 1) based on mitigating, aggravating, and grossly aggravating factors. |
| Grossly Aggravating Factors | These factors mandate more severe sentences and include: a prior DWI conviction within 7 years; driving with a revoked license for a prior DWI; causing serious injury to another; or driving with a child under 18 in the vehicle. |
| Immediate License Revocation | An officer will implement an immediate 30-day civil license revocation if a chemical test shows a BAC of 0.08% or more, or if you refuse testing. You have a limited time to challenge this revocation. |
| Criminal License Suspension | A DWI conviction results in a mandatory court-ordered license suspension, typically for one year on a first offense. The length increases for subsequent convictions. |
| Limited Driving Privileges | You may petition the court for a Limited Driving Privilege for essential purposes like work or school. This requires installing an ignition interlock device and obtaining SR-22 insurance. |
| Refusal of Chemical Test | Refusing a chemical test (like a breathalyzer at the station) results in a separate, one-year administrative license revocation by the DMV. The prosecutor can also use your refusal as evidence against you in court. |
| Ignition Interlock Device | Courts require an ignition interlock device for high-BAC convictions (0.15% or higher), for all Limited Driving Privileges, and upon license restoration after certain DWI convictions. |
| Permanent Criminal Record | A DWI conviction in North Carolina creates a permanent criminal record. Under current law, DWI convictions are not eligible for expungement. See N.C.G.S. § 15A-145.5. |
| Habitual Impaired Driving (Felony) | The state will charge you with felony Habitual Impaired Driving if you receive a fourth DWI conviction within 10 years. A conviction results in a mandatory minimum one-year jail sentence and permanent license revocation. |
| Fines & Costs | Fines range from approximately $200 for a Level 5 DWI to $4,000 for a Level 1 DWI. This does not include significant court costs, assessment fees, and treatment expenses. |
The Arrest Process and Your Rights
A DWI arrest in Carteret County typically begins with a traffic stop. Officers must have reasonable suspicion to stop your vehicle, which can be based on observed traffic violations, erratic driving, or other suspicious behavior. Once stopped, if the officer suspects impairment, they may ask you to step out of the vehicle for field sobriety tests.
Field sobriety tests are not mandatory in North Carolina; you can refuse them. However, refusal may be used as evidence against you in court. These tests are subjective and can be influenced by various factors, including medical conditions, medications, fatigue, or nervousness. Even sober individuals can fail these tests under certain circumstances.
When arrested, you are asked to submit to chemical testing, typically a breathalyzer at the station. While you can refuse this test, doing so results in automatic license suspension and can be used as evidence of consciousness of guilt. The officer must inform you of your rights regarding chemical testing and the consequences of refusal.
Common Defense Strategies
Challenging the reliability of chemical testing is a common defense strategy. Breathalyzer machines must be properly maintained and calibrated, and the testing must be conducted according to specific protocols. The test results may be unreliable or inadmissible in court if these requirements aren't met.
Medical conditions can also affect the validity of DWI evidence. Certain medical conditions can produce symptoms that mimic intoxication or can affect the accuracy of breath testing. If you have diabetes, gastroesophageal reflux disease, or other medical conditions, this can be relevant to your defense.
Sometimes, the defense focuses on the officer's observations and conclusions. Police officers are trained to look for signs of impairment, but their observations are subjective and can be influenced by various factors. Your DWI defense attorney may challenge the officer's training, experience, or the validity of their conclusions based on their observations.
The Consequences of a DWI Conviction
The consequences of a DWI conviction in Carteret County extend far beyond the immediate legal penalties. While jail time, fines, and license suspension are serious concerns, the long-term impact on your life can be even more significant. What you owe in insurance can impact you for several years.
Therefore, your auto insurance rates will likely increase significantly after a DWI conviction. You may also be required to get an SR-22 certificate, which is more expensive and must be maintained for several years.
An SR22 represents financial responsibility, verifying that a high-risk driver has the state's minimum required auto insurance coverage. It shows that you meet the state's insurance requirements to drive. Some insurance companies may ALSO refuse to provide coverage.
If your job requires driving, a DWI conviction can result in job loss. This is particularly concerning in Carteret County, where many jobs in tourism, fishing, and other industries require employees to drive. Even if driving isn't part of your current job, the flexibility to drive is often necessary for career advancement.
Carteret County DWI FAQs
What happens at the first court appearance for a DWI?
Your first court date, or arraignment, is where the state formally presents the charges against you. You will enter a plea of not guilty. This is not a trial. Your attorney will handle this appearance, obtain the evidence from the prosecutor (a process called discovery), and schedule future court dates to challenge the evidence and negotiate the case.
Can I get my DWI charge dismissed?
A dismissal is possible, but it depends entirely on the facts of your case. Your attorney will analyze the evidence for weaknesses, such as an improper traffic stop, incorrect administration of sobriety tests, or errors in the chemical testing procedure. If your attorney finds a critical legal or factual flaw, they can file a motion to suppress evidence or a motion to dismiss the charge.
What is the difference between field sobriety tests and the breathalyzer at the police station?
Field sobriety tests (like the walk-and-turn or one-leg stand) are physical coordination exercises an officer uses at the roadside to establish probable cause for an arrest. You may refuse these tests.
The chemical test at the station (typically an Intoxilyzer 9000 Breathalyzer) is a more formal test to measure your BAC.
Under North Carolina's implied consent law, refusing this test triggers an automatic, one-year driver's license revocation from the DMV.
How can a medical condition affect my DWI case?
Certain medical conditions create symptoms that mimic intoxication, such as slurred speech, unsteadiness, or glassy eyes.
Conditions like diabetes, acid reflux (GERD), or vertigo can affect your performance on field sobriety tests or the accuracy of a Breathalyzer result. Inform your attorney about any medical conditions, as they may provide a powerful defense against the state's evidence.
Carteret County DWI Lawyer
Choose a DWI Lawyer From Cummings & Kennedy?
Remember that this is a temporary situation, and a Carteret County DWI defense attorney, you can work toward a resolution that protects your rights and future.
The most important step is reaching out for help from an experienced defense attorney - someone who can guide you through this difficult time and fight for the best possible outcome in your case.
Contact Cummings & Kennedy Law Firm PLLC to move forward today. Setting an appointment is easy. Call us today, at (252) 728-1208, we are standing by to help.