Information on DUI in North Carolina
Driving under the influence of alcohol or other intoxicants, called DUI or DWI synonymously, is a crime in every state. North Carolina, like all other states, imposes both criminal and civil penalties on DUI offenders. North Carolina DUI law covers everything from how charges can be imposed to what punishments a defendant can face upon conviction.
Other People Are Reading
-
Basis
-
North Carolina allows for DUI charges to be brought both under the state's "per se" law and on the basis of field sobriety tests. Under the "per se" law, anyone who has a blood alcohol content of .08 or higher is considered legally intoxicated and can be charged with a DUI. Also, DUI charges can be brought against a person who fails field sobriety tests.
Implied Consent
-
In North Carolina, drivers are presumed to have given consent to blood alcohol content (BAC) testing if an officer suspects they have been drinking or are otherwise impaired. Refusing an officer's demand to submit to alcohol testing results in license suspension.
-
Factors
-
North Carolina punishes DUI based on whether or not aggravating factors are present. Each aggravating factor increases the level of punishment imposed. These factors are: prior DWI convictions, the level of alcohol in the BAC test, if a child under 16 was in the car, whether or not any injuries resulted from the DUI, and the person's prior criminal record.
Punishments
-
As of April 2010, if a person is convicted of a first-time DUI with no aggravating factors, the potential punishment is a minimum of 24 hours and up to 60 days in jail and $200 in fines. If one aggravating factor is present, the punishment increases to up to 120 days and a minimum of seven 48 hours in jail, with fines up to $500. The most serious offenses can result in up to two years in jail and $4,000 in fines.
Driving Privileges
-
Apart from the criminal punishments of jail and fines, North Carolina also imposes driving restrictions against anyone convicted of DUI. For a first time offense, drivers get their license suspended for a mandatory one-year period. For subsequent offenses, licenses can be suspended for four years or more, and you can even have your car forfeited.
-
References
- Photo Credit North Carolina state contour against blurred USA flag image by Stasys Eidiejus from Fotolia.com
