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Defending Against DUI Charges In North Carolina

Defending Against DUI Charges In North Carolina

The Following Article Will Cover:

  • The definition of DUI in North Carolina and the distinction between DUI and DWI.
  • Whether you are obligated to provide a breath or blood sample during a DUI arrest and the consequences of refusal.
  • The penalties for a DUI conviction in North Carolina and the importance of having a DUI defense attorney.

How Is a DUI Defined In North Carolina?

In North Carolina, DUI stands for driving under the influence, which refers to operating a vehicle while being influenced by substances such as alcohol, drugs, or medication that can impair one’s ability to drive. On the other hand, DWI stands for driving while intoxicated, which also involves operating a vehicle while under the influence of substances.

Do I Have To Give A Breath Or A Blood Sample During A DUI Arrest In North Carolina?

Legally, you are not obligated to provide a breath or blood sample during a DUI arrest in North Carolina. However, refusing to do so carries consequences. If an officer suspects you of driving while intoxicated, they will typically ask you to take a breathalyzer test. You have the right to refuse, but doing so will result in an automatic one-year suspension of your driver’s license.

What Are The Penalties For A DUI Conviction In North Carolina?

The penalties for a DUI conviction in North Carolina depend on the level of the offense, ranging from level one (most severe) to level five (least severe). For a first-time DUI with no aggravating factors such as accidents, injuries, or the presence of minors in the vehicle, you are likely to face a level five or level four offense. Consequences may include a suspended sentence, which means the judge orders jail time but suspends it, fines, fees, increased insurance rates, and a one-year driver’s license suspension.

If your offense is closer to level three, two, or one, it is more probable that you will face some form of jail time in addition to the other penalties.

Do I Need A DUI Defense Attorney If I Plan To Plead Guilty To A DUI Charge In North Carolina?

Even if you plan to plead guilty to a DUI charge in North Carolina, it is still crucial to have a DUI defense attorney. DUI cases are not as straightforward as a speeding ticket. The various levels of DUI offenses and the presence of aggravating or mitigating factors can significantly impact the severity of your punishment.

A DUI defense attorney can guide you through the process, inform you about factors that may increase or decrease your punishment, and potentially help you obtain a more favorable outcome. Additionally, an attorney can conduct a thorough investigation and uncover any possible grounds for dismissing or reducing the charges that you may not be aware of on your own. For more information on Defending Against DUI Charges In NC, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (704) 324-8500 today.

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