Eric Skager Law can help you if you’re stopped and charged with driving while impaired in North Carolina. Even if this is the first time you’ve ever dealt with something like this, it’s helpful to know what you’re up against. The rules here are strict, the penalties can add up quickly, and the whole process can feel overwhelming when you’re standing in the middle of it. Set up a one-on-one consultation today to learn more.
What are the License Penalties for Driving While Impaired in North Carolina?
It’s not at all surprising to learn that the penalties for driving under the influence (which is legally the same as driving while impaired) are pretty serious. North Carolina uses a tiered system based on a number of different factors to first charge you and then to issue penalties. Here’s how it works generally:
- First offense. If this is your first time getting a DWI, your license can be revoked for a period of up to one year.
- Second offense. For a second DWI, your license can be revoked for up to 4 years.
- Third offenses or more. When you pick up a third (or subsequent) DWI charge in North Carolina, your license can be permanently taken away.
- Refusing to take a breathalyzer. Your license can be taken away for up to a year if you simply refuse a chemical analysis of your BAC.
Once your revocation period ends, you don’t automatically get your license back. The North Carolina DMV requires you to complete a substance-use assessment before your license can be restored. In addition, the program has to be approved by the NCDMV to be valid.
Can I Fight a DWI Charge or Get It Reduced?
Even with the above penalties, it’s important to understand that just getting charged with a DWI in North Carolina doesn’t automatically mean your license will be penalized. And it doesn’t even necessarily depend on the results of your blood test. But when it comes down to it, there’s ways that you can challenge the charge and possibly get it reduced:
- Challenging the stop itself. The stop itself matters. If the officer didn’t have a good reason to pull you over, it can weaken the case.
- Test results. Field sobriety tests aren’t always reliable. Uneven ground, poor lighting, or medical issues that affect balance can make results questionable.
- Mistakes with the administration. Breath and blood tests have strict rules. Mistakes in how they’re done or handled can sometimes lead to evidence being reduced or thrown out.
- Taking a plea deal. Prosecutors can lower charges, especially for first-time offenders who take responsibility or complete recommended programs.
It’s also important to realize that your own circumstances count. A clean driving record, work or family obligations, or medical explanations for your test results can also make a difference in the penalties you get or can get out of. Overall, it’s not about trying to skirt responsibility for what happened–it’s about making sure the whole story is told.
What Information Can Help Reduce DWI License Penalties?
When it comes to protecting your driver’s license, details matter. There’s going to be a lot of different pieces of information and evidence that are going to be up for dispute. So, if you’re trying to get a reduced penalty, here’s what can help:
- A clear timeline of the stop. Exactly when and where you were stopped, what the officer said, and what you said back. Notes about weather, road conditions, or other vehicles nearby matter.
- Field sobriety tests. Think about the tests you were asked to do—walking a straight line, standing on one leg, or following a pen with your eyes. How the tests were done matters. Uneven or slippery surfaces, poor lighting, or anything in your health or physical condition (like a recent injury, inner-ear issues, or a disability) can make the results unreliable
- Chemical tests. Along the same lines, the details around any chemical testing is also important. Make sure to note any delays, equipment problems, or missing paperwork, as this can be important later.
- Medical and prescription history. Certain medications, medical conditions like low blood sugar, seizures, or inner-ear problems, and even extreme tiredness can look like intoxication. Having medical records or a doctor’s note can help explain behavior the officer may have misread.
- Bodycam footage. Footage from the officer’s bodycam or a dashcam—whether yours or another vehicle’s—can show exactly what happened during the stop. These videos can give a clear picture of how the officer conducted field sobriety tests, how the stop actually unfolded, and whether your actions were interpreted fairly.
- DMV or court paperwork. Keep every notice, suspension letter, or court document you get. Many license penalties start automatically through the DMV, and missing deadlines can make things worse.
Gathering this information early is key. Memories fade, evidence can be lost, and paperwork can go missing. But once you feel like you have a reasonable amount of information, we can better find weaknesses in the case, challenge any errors, and build a stronger argument for reducing license penalties for your DWI.
Reach Out to Eric Skager Law If You Get a DWI in North Carolina
Being pulled over and charged with a DWI can feel overwhelming, but it’s not the end of the road. Even though the consequences are serious, you still have options to defend yourself and reduce the penalties. Our team at Eric Skager Law can help you by:
- Walking you through each step of the process, explaining your rights and what to expect so nothing comes as a surprise.
- Going over breathalyzer results, field sobriety tests, bodycam footage, and police reports.
- Exploring all your options—from challenging the validity of the traffic stop to negotiating reduced charges or even seeking dismissal where possible.
Driving while impaired is serious, but you also have rights. Understanding what you’re facing and having a clear plan can help you protect your license, your record, and your future. Reach out today for a one-on-one consultation.