After a DWI/DUI arrest in Fayetteville North Carolina, ask an attorney to examine the facts behind your traffic stop. Did the police have probable cause to ask you to pull over? Know your rights. The law is there to protect you. Contact one of the Fayetteville NC lawyers in our director to schedule a consultation regarding drunk driving charges. Discuss the facts and circumstances behind your arrest for allegedly driving while your ability was impaired (DWAI).
A DUI/DWI arrest is not "just a traffic ticket." It is a criminal matter as well as an administrative matter involving your driver's license. Your liberty and your driving privileges are at stake after a drunk driving arrest. A DUI conviction can haunt you for years in ways that you cannot anticipate at the moment. Your employability, your freedom to travel overseas and even your ability to adopt a child from overseas without impediment are all examples of legal complications down the road that can stem from a DUI conviction. It is worthwhile to stand up for your rights — even if that means going to trial.
Do not allow fear or intimidation by law enforcement officers to cloud your judgment — insist on a thorough review of your drunk driving case in light of your legal rights. Talk to your attorney about every key aspect of your drunk driving arrest in or near Fayetteville, North Carolina, including the following:
- The traffic stop: Was it legal?
- The Breathalyzer test: Were results valid?
- Your driver's license suspension: How soon can you get your license back?
- The administrative hearing: File a request within the allotted time frame for best results.
Whether your arrest is a first offense or a repeat offense, you owe it to yourself, your family and your future to face the charges head-on. The sooner you have a lawyer on your side, the sooner you are likely to have your driving privileges restored, stay out of jail, minimize fines and other penalties, and guarantee your right to have your case fairly evaluated in a court of law.
Under North Carolina law the offense of driving while impaired (DWI) is defined under N.C. General Statutes § 20-138.1. That law also prescribes five levels of punishment, depending on whether certain aggravating factors proven by the prosecutor outweigh the mitigating factors that the defense demonstrates.
For persons who are convicted of DWI who fall into one of the five levels of misdemeanor DWI (Level I being the most serious and Level V the least), the prescribed punishment is:
Level V: Punishable by a fine up to $200 and a minimum jail sentence of 24 hours and a maximum of 60 days. A judge can suspend the sentence.
Level IV: Punishable by a fine up to $500 and a minimum jail sentence of 48 hours and a maximum of 120 days. A judge can suspend the sentence.
Level III: Punishable by a fine up to $1,000 and a minimum jail sentence of 72 hours and a maximum of six months. A judge can suspend the sentence.
Level II: Punishable by a fine up to $2,000 and a minimum jail sentence of seven days and a maximum of one year. A judge cannot suspend the minimum sentence.
Level I: Punishable by a fine up to $4,000 and a minimum jail sentence of 30 days and a maximum of two years. A judge cannot suspend the minimum sentence.
Persons who are convicted or plead guilty to a DWI offense must complete a substance abuse assessment and comply with any recommended treatment as a condition for having his or her operator's license restored at the end of the revocation period.
Even if the charges are determined to be correct, your case may be resolved quickly by way of an accelerated rehabilitative disposition (ARD), which is designed to help you move forward and put the DUI behind you. Contact one of the Fayetetville NC lawyers in our directory for more information.
