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DRIVING WHILE IMPAIRED

Carteret County DWI Lawyers

Carteret County, NC law enforcement officers can and will conduct enhanced investigations in

connection with routine traffic stops, checkpoints, and wrecks where consumption of alcohol

and/or drugs is suspected prior to, or during, the operation of the motor vehicle.

Drivers in Carteret County, NC will be placed under arrest in connection with those enhanced

investigations where law enforcement develops probable cause to believe that an individual

has operated a motor vehicle on the streets, highways, or public vehicular areas of Carteret

County within a relevant time of consuming a sufficient amount of some impairing substance(s)

to cause appreciable impairment of the driver’s mental and/or physical faculties.

Definitions in North Carolina’s DWI statute are highly technical and may prove pivotal to the

State’s ability to secure a guilty verdict, or a defendant’s ability to mount a successful defense

resulting in a finding of not guilty. Be advised: North Carolina’s Driving While Impaired (DWI)

statute applies to more than any variant of car, truck, or crossover: bicycles, golf carts, ATV’s

and lawn mowers are among the vehicles covered by NC’s DWI statute.

North Carolina also has specific laws for Boating While Impaired (BWI).

The DWI statute gives an officer multiple routes to establish impairment when making an arrest

in an attempt to secure a conviction: (1) proof that an operator’s Breath or Blood Alcohol

concentration (BAC) is 0.08% or higher, and (2) “appreciable impairment” of an operator’s

mental and/or physical faculties.

The BAC threshold is 0.00% for drivers younger than 21 years old. Commercial drivers must

never operate a commercial vehicle with a BAC that equals or exceeds 0.04%.

A1

A maximum fine of $10,000 and a maximum 36 months of active incarceration in the

Department of Adult Corrections. Mandatory minimum sentencing on a level A1 requires at

least 12 months of active incarceration in the Department of Adult Corrections, OR 120 days

active incarceration at your county jail with 120 days of remote continuous alcohol monitoring

via a locked ankle bracelet. A judge CANNOT suspend the minimum sentence.

Level I

A maximum fine of $4000 and a maximum of 24 months of active incarceration in the

Department of Adult Corrections. Mandatory minimum sentencing on a level I requires at least

30 days of active incarceration at your county jail. A judge CANNOT suspend the minimum

sentence.

Level II

A maximum fine of $2000 and a maximum of 12 months of active incarceration in the

Department of Adult Corrections. Mandatory minimum sentencing on a level II requires at least

7 days of active incarceration at your county jail. A judge CANNOT suspend the minimum

sentence.

Level III

A maximum fine of $1000 and a maximum of 6 months of active incarceration. Mandatory

minimum sentencing on a level III requires at least 72 hours in jail OR 72 hours of community

service.

Level IV

A maximum fine of $500 and a maximum of 120 days of active incarceration. Mandatory

minimum sentencing on a level IV requires at least 48 hours in jail OR 48 hours of community

service.

Level V

A maximum fine of $200 and a maximum of 60 days of active incarceration. Mandatory

minimum sentencing on a level V requires at least 48 hours in jail OR 48 hours of community

service.

Convicted drivers MUST obtain a substance abuse assessment and fully comply with the

treatment recommendations contained therein. In some instances, vehicles seized in

connection with certain DWI offenses will be forfeited to the State upon conviction.

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