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DWI Lawyers Calabash NC

(DWI) Driving While Impaired

 

The following is a short explanation regarding some of the aspects of a typical DWI case:

 

1.  30-Day Revocation. In the event you have a blood alcohol reading of .08 or greater, or you refuse to submit to a blood or breath test, your license will be revoked by the Magistrate for a period of thirty (30) days. You must pay $100.00 to the Clerk of Court after thirty (30) days. Your failure to do so will mean that your license will stay revoked until you pay the $100.00 fee.

 

2.  Pretrial Limited Driving Privilege. If you had a valid license at the time you were arrested, you would be eligible for a Pretrial Limited Driving Privilege ten (10) days after your arrest. To obtain the Driving Privilege you must obtain an Alcohol Assessment, provide proof of insurance through either a copy of the declaration page of your insurance policy or have your insurance agent complete a DL-123 form. The conditions on a Pretrial Limited Privilege are the same as shown in Paragraph 4 below. There is a $100.00 fee charged by the Clerk of Court for the issuance of a Limited Driving Privilege.

 

3.  Revocations for Refusal to submit to chemical test. If you refused to submit to either a breath or blood test, the North Carolina Division of Motor Vehicles will suspend your driver’s license for a period of one (1) year. This one (1) year period of revocation is in addition to the thirty (30) day revocation as shown above. There may be a way to delay this one (1) year revocation temporarily. You should discuss this with us immediately and prior to receiving notification from the Division of Motor Vehicles.

 

4.  Limited Driving Privileges.  If you are convicted or plead guilty to the DWI charge, the Court is required to suspend your license for a period of at least one (1) year. However, you may be eligible for a limited license, which will enable you to drive during that one (1) year period of revocation. To be eligible for a limited license, you must not have a conviction of DWI within seven (7) years from the date ofyour arrest. There are several conditions on the Limited Driving Privilege. You cannot drive with any alcohol on your breath or in your body at all. Driving is limited from 6:00 A.M. until 8:00 P.M. Monday through Friday. To drive at other hours, you must complete an Employment Note (attached) showing your hours of employment, and the driving must be employment related only. The Clerk of Court charges a $100.00 fee for the issuance of a Limited Driving Privilege.

 

5.  Interlock Devices.  If you have a blood or breath alcohol of .15 or more, you must have an Interlock Device installed on your vehicle, to obtain a Limited Driving Privilege. This Limited Driving Privilege cannot be issued until at least forty-five (45) days after your conviction.  For more information, read the document entitled “Ignition Interlock in the Restoration of Driving Privileges for DWI Offenders” attached. Please note, if you are over the .14 level, you must have the Interlock installed for a minimum period of one year. DMV may require an additional period of time with the Interlock.

 

6.  Reinstatement of license.  If you are convicted or plead guilty to DWI, your license or privilege will be revoked for at least one (1) year. In some cases, it will be a longer period depending upon your driving history. To be eligible to have your license reinstated, you must obtain the Alcohol Assessment and complete the recommended course of treatment. This all must be done within twelve (12) months of the date of your conviction.  If you fail to complete the treatment within the twelve (12) month period, then any limited driving privilege that you have obtained is revoked, and you cannot drive in North Carolina, under any circumstances, until you obtain a new assessment and complete the recommended treatment.

 

These are some, but not all, of the issues involved with a DWI. If you have any questions about your particular case, please let us know.

 

Waiver of Counsel document »

Employment Form »

DWI Clients Memo »

Alcohol Assessment Agencies »

Smart Start SSI 2020 Brochure

Monitech Interlock Brochure

 

To obtain an Alcohol Assessment, you may contact our office or look in the Yellow Pages for Alcoholism Information and Treatment Centers.

 

Insurance companies will assess 12 insurance points for a DWI conviction and increase rates up to 400%.

 

Sentencing Levels:

Level A1:Maximum sentence is 3 years in jail; minimum is 1 year and fines up to $10,000.00 plus court costs.

Level I: Max is 2 years in jail; minimum is 30 days, and fines up to $2000 plus court costs.

Level II:  Max is 1 year in jail; minimum is 7 days, and fines up to $1000 plus court costs.

Level III: Max is 6 months, minimum is 72 hrs jail or community service, and fines up to $500 plus court costs.

Level IV:  Max is 120 days, minimum is 48 hrs jail or community service, and fines up to $250 plus court costs.

Level V:  Max is 60 days, minimum is 24 hrs jail or community service, and fines up to $290 plus court costs.

Habitual FelonyL Max is 59 months, minimum is 12 months, and fines and court costs are determined by the Court.

 

 

 

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Copyright 2002-2014 Trest & Twigg, PLLC, Attorneys at Law®
Trest and Twigg, A Law Firm Representing DWI Cases, Injured People, and civil litigation with an office located at 4631 Main St, Shallotte, NC 28470. Our lawyers are licensed to practice law in the state of North Carolina. We are a general practice law firm concentrating in the following matters: Civil Litigation, Criminal Law, DWI, Expungements, License Restoration, Personal Injury, Traffic Offenses, Wills & Estates, and Wrongful Death.