Eric Skager Law helps people when they’re facing a DWI charge in North Carolina. For a lot of drivers, a first DWI arrest is something they never expected to deal with. One mistake or one bad decision can suddenly put your license, your record, and your future in question. My firm works with people in exactly this situation. No matter what led to the charge, we can help you understand what you’re facing and what your options are. Set up a free consultation to talk through it.
Should I Get a Lawyer For a First-Time DWI Charge?
It might not feel like it, but there’s actually a lot of variables when it comes to a DWI in North Carolina. With all that said, it’s still a scary time. If it’s your first time getting a DWI, your mind might jump to the worst outcome. But a lot depends on the details.
At Eric Skager Law, we want to help people sort through those details and figure out the best path forward. That usually means:
- Walking you through what happens next in the court process
- Reviewing the traffic stop, testing, and evidence involved
- Putting a strategy together that makes sense for your situation
Most people already have enough stress in their lives without trying to go through a DWI charge on their own. Having someone guide you through the process can make it much easier to understand what’s ahead.
How Does North Carolina Law Handle a First-Time DWI?
Virtually everyone in North Carolina understands why a driving while intoxicated (DWI) charge comes up. Drinking alcohol or taking drugs and then driving is always a poor decision, and it’s taken seriously by lawmakers and police. Under the law, you’ll get a DWI if you:
- Have a blood alcohol content (BAC) of 0.08% or higher
- Are noticeably impaired by alcohol, drugs, or certain prescription medications
- Have any amount of alcohol in your system while driving a commercial vehicle above the lower legal limit
These are pretty straightforward, but they also depend on different factors like:
- Whether or not this is your first time getting charged.
- What the police officer noted in the arrest report about your appearance or condition.
- The results of any field sobriety tests or blood tests.
- What your previous driving record looks like.
So, it comes down to a lot of different variables, not just whether or not alcohol or drugs were in your system at the time you were stopped. One way or the other, though, a DWI is a serious thing and North Carolina law treats it that way.
What Are the Penalties for a First-Time DWI in North Carolina?
Although DWI is taken seriously in North Carolina, there’s not a set penalty for a first-time DWI. Rather, there’s a tiered system in place that handles these charges. So basically, it doesn’t necessarily matter if it’s your first DWI charge. Penalties are going to be assessed between a Level 5 and Aggravated Level 1 charge. Here’s how it breaks down:
- Level 5. This is the lowest sentencing level and is often used if it’s your first time getting charged and there are no major aggravating factors in play. With a Level 5 DWI, you’re looking at:
- Fines of up to $200
- 24 hours to 60 days in jail (often suspended with conditions)
- Community service
- Alcohol assessment and education classes
- Probation or suspension of your driver’s license
- Level 4. Level 4 DWI charges are slightly more serious and can apply if you have a higher BAC or you’re driving with a revoked license along with being intoxicated. Penalties here mean:
- Fines of up to $500
- 48 hours to 120 days in jail
- Required substance abuse assessment and treatment
- Community service
- Level 3. A Level 3 DWI usually carries penalties of:
- Fines of up to $1,000
- 72 hours to 6 months in jail
- Mandatory alcohol treatment or education programs
- Level 2. A Level 2 DWI means the situation is more serious. Penalties include:
- Fines of up to $2,000
- 7 days to 12 months in jail
- Probation
- Completion of a drug or alcohol treatment program before your license is restored.
- Level 1. A Level 1 DWI is among the most serious charges you can face, with penalties involving:
- Up to $4,000 in fines
- A minimum of 30 days in jail with the possibility of up to two years
- Aggravated Level 1. This is the most serious level and comes in when multiple serious factors are involved, like a prior DWI, if someone was injured in an accident, or having a child in the car. Penalties can include:
- Fines up to $10,000
- 12 to 36 months in jail with no possibility of parole
It’s pretty intimidating to see all these punishments laid out so clearly. And even more so when you see that they apply based not on whether or not it’s your first time getting a DWI, but what the circumstances are around your stop and charge. But that also means that you have a roadmap if you want to challenge the charge in the first place.
How Can I Challenge My First-Time DWI Charge?
Getting arrested for a DWI can be stressful and confusing, but the arrest itself isn’t the end of the story. Your case still has to go through the court system, and often, the details of the stop and arrest play a big role in how things unfold. Here’s what a judge is usually going to look at when deciding your punishment:
- Why the officer pulled your vehicle over in the first place
- How any field sobriety tests were conducted
- Breath or blood test procedures and results
- Bodycam or dashcam footage from the stop
- Statements from passengers or other witnesses
- Any medical conditions or medications that could have affected the tests
So, as you can see, there’s a lot of outside factors that come in when there’s a DWI stop and charge. What’s important for you to understand is that you have options and help is there if you need it.
Free Consultations For First-Time DWI Offenders in North Carolina
The first time anyone gets charged with DWI in North Carolina is scary. Even if you know what the consequences are, it’s still something you can work through with the right guidance and support. At Eric Skager Law, our team can make sure you understand what you’re up against and will put a strategy together to mitigate what happened. Set up a free consultation today.