Carteret County DWI Lawyers
Carteret County, NC law enforcement officers can and will conduct enhanced investigations in connection with routine traffic stops, checkpoints, and wrecks where consumption of alcohol and/or drugs is suspected prior to, or during, the operation of the motor vehicle. Reach out to a Carteret County DWI lawyer.
Drivers in Carteret County, NC will be placed under arrest in connection with those enhanced investigations where law enforcement develops probable cause to believe that an individual has operated a motor vehicle on the streets, highways, or public vehicular areas of Carteret County within a relevant time of consuming a sufficient amount of some impairing substance(s) to cause appreciable impairment of the driver’s mental and/or physical faculties. Definitions in North Carolina’s DWI statute are highly technical and may prove pivotal to the State’s ability to secure a guilty verdict, or a defendant’s ability to mount a successful defense resulting in a finding of not guilty. Be advised: North Carolina’s Driving While Impaired (DWI) statute applies to more than any variant of car, truck, or crossover: bicycles, golf carts, ATV’s and lawn mowers are among the vehicles covered by NC’s DWI statute. North Carolina also has specific laws for Boating While Impaired (BWI). The DWI statute gives an officer multiple routes to establish impairment when making an arrest in an attempt to secure a conviction:
(1) proof that an operator’s Breath or Blood Alcohol concentration (BAC) is 0.08% or higher, and (2) “appreciable impairment” of an operator’s mental and/or physical faculties. The BAC threshold is 0.00% for drivers younger than 21 years old. Commercial drivers must never operate a commercial vehicle with a BAC that equals or exceeds 0.04%.
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A1
A maximum fine of $10,000 and a maximum 36 months of active incarceration in the Department of Adult Corrections. Mandatory minimum sentencing on a level A1 requires at least 12 months of active incarceration in the Department of Adult Corrections, OR 120 days active incarceration at your county jail with 120 days of remote continuous alcohol monitoring via a locked ankle bracelet. A judge CANNOT suspend the minimum sentence.
Level I
A maximum fine of $4000 and a maximum of 24 months of active incarceration in the Department of Adult Corrections. Mandatory minimum sentencing on a level I requires at least 30 days of active incarceration at your county jail. A judge CANNOT suspend the minimum sentence.
Level II
A maximum fine of $2000 and a maximum of 12 months of active incarceration in the Department of Adult Corrections. Mandatory minimum sentencing on a level II requires at least 7 days of active incarceration at your county jail. A judge CANNOT suspend the minimum sentence.
Level III
A maximum fine of $1000 and a maximum of 6 months of active incarceration. Mandatory minimum sentencing on a level III requires at least 72 hours in jail OR 72 hours of community
service.
Level IV
A maximum fine of $500 and a maximum of 120 days of active incarceration. Mandatory minimum sentencing on a level IV requires at least 48 hours in jail OR 48 hours of community service.
Carteret County DWI Lawyer
Level V
A maximum fine of $200 and a maximum of 60 days of active incarceration. Mandatory minimum sentencing on a level V requires at least 48 hours in jail OR 48 hours of community service.
Convicted drivers MUST obtain a substance abuse assessment and fully comply with the treatment recommendations contained therein. In some instances, vehicles seized in connection with certain DWI offenses will be forfeited to the State upon conviction. Reach out to a Carteret County criminal defense lawyer.