The DUI laws in North Carolina are very strict and aimed at reducing or eliminating the incidence of drivers operating a vehicle while under the influence of alcohol. North Carolina divides DUI offenses into 5 levels, with 1 being the most severe. If you or a family member have been arrested and charged with DUI (even at Level 5) you are probably very concerned about the possible penalties you will face as well as the best way to defend yourself.
Hire An Attorney
This may be a statement of the obvious, but one of the very first things you need to do is hire an attorney to represent you. Seek out an attorney who specializes in criminal law, and ask about how much of their practice is devoted to DUI/DWI defense. You should also ask them to tell you what their win/loss ratio is. Check around, but do it quickly as you need an attorney representing you as early in the process as possible.
I Failed The Breathalyzer Test, Can I Win?
In a word, yes. You are innocent until you are proven guilty, and the burden of proof does not rest with you. Testing positive for a blood alcohol content over the legal limit does not automatically mean you will be convicted. As part of a defense strategy your attorney will investigate and question:
- The circumstances of your arrest. Defense attorneys have been successful proving that drivers arrested for DUI were stopped without sufficient probably cause, and their rights were violated. If the court agrees, any evidence from that point forward may not be used against you.
- Whether you were held in jail for too long a period of time.
- Whether you were denied access to a defense attorney.
- The methods and conditions of the blood alcohol test, the potential for incorrect readings on the equipment, the maintenance history on any equipment.
- Whether field sobriety tests were conducted correctly.
- If there is video evidence of your driving prior to the arrest, that may actually be in your favor if it does not show an unusual driving pattern.
North Carolina General Statute 20-139.1(b) allows your defense attorney to question whether the breathalyzer test was performed according to rules set by the Department of Health and Human Services, and whether the person who administered the test had a current permit authorizing them to be able to administer the test. Further, North Carolina law allows your attorney to argue that breathalyzer results are inadmissable based on the findings under GS 20-139.1(b).
It's My First Arrest, Do I Really Need to Worry?
Again, yes. If you are convicted of DUI, even for a first offense the penalties can be serious particularly if there were any aggravating circumstances such as injury to other people in an accident you caused. DUI penalties in North Carolina can include a variety of punishments:
- Loss of license (amount of time varies based on incident circumstances and your history)
- Fines ranging from $200 for a Level 5 to $4,000 for a Level 1 conviction
- Jail (up to 2 years for a Level 1 offense)
- Mandatory installation of an ignition interlock device when Blood Alcohol Concentration (BAC) exceeds .16 or you had a prior DUI conviction within past 7 years
- Participation in drunk driving awareness programs
- Possibly lose your job if it requires driving
A DUI will remain on your criminal record and on your driving record. You will likely face higher insurance premiums when your driving privileges are reinstated.
A note about underage DUI in North Carolina: you can be arrested for DUI if your BAC is .01 plus you will be charged with underage drinking.
Get Legal Help
You may think that your cooperativeness with the police officers who have arrested you will win you brownie points, but what you may be doing by cooperating without an attorney present is giving the prosecution evidence that can be used against you. As with any arrest, insist on your right to an attorney immediately. An experienced criminal defense attorney can protect your rights and help you regain your freedom.
