Goldsboro DWI Lawyer

Experienced Legal Representation for Your DWI Case in North Carolina

One of the most common criminal charges a driver incurs is driving while impaired. If you have been arrested for or charged with DWI, the first thing you should do is speak to an experienced DWI lawyer. The quicker we get started on your defense, the quicker we can get you out of your legal dilemma and back on the road. Law enforcement may try to use your words against you, so it is advisable to consult a DWI attorney before you speak to anyone else. Our lawyers at Pittman Agner will treat you with respect and strategize an effective defense for you that protects your driving rights.

Call Pittman Agner today at (919) 893-0090 or contact us online to schedule a meeting with our DWI attorney in Goldsboro!

What Constitutes a DWI in North Carolina?

It is illegal in North Carolina to operate a motor vehicle while:

• Under the influence of an impairing substance; Even minuscule amounts of alcohol or drugs can impact your capabilities, leading to severe legal consequences if not addressed promptly.
• With a blood alcohol concentration (BAC) of .08% or more (.04% for commercial drivers); It's crucial to remember that factors such as body weight, genetics, and food intake can influence BAC, making even moderate drinking risky.
• With any metabolized Schedule I controlled substance in your system. Presence of these substances can result from legal prescription drugs turning illegal if taken under unauthorized circumstances.

The state defines being “under the influence” in this context as your faculties being appreciably impaired due to the ingestion of substances. Additionally, the “operation” of a motor vehicle is loosely defined as having “actual physical control” of the vehicle, so it is quite possible to still get a DWI charge if the vehicle is not moving.

DWI Sentencing Levels in North Carolina

Based on the above factors, your DWI offense will then be assigned a sentencing level with varying penalties:

• Aggravated Level One if the judge finds three or more gross aggravating factors: This is punishable by 12-36 months in jail and fines of up to $10,000. If probation is granted, you must serve at least 120 days in jail, submit to alcohol and drug monitoring, and complete a drug and alcohol assessment and treatment program.
• Level One if the DWI has two gross aggravating factors or involved a minor passenger: This is punishable by up to $4,000 in fines and 30 days to 24 months in jail. If the judge grants probation, you must still do 10 days in jail, submit to sobriety monitoring, and complete a substance abuse assessment and treatment.
• Level Two if the DWI involves one gross aggravating factor: This is punishable by up to $2,000 in fines and 7 days to 12 months in jail. You may forego the jail term if you submit to at least 90 days of monitored sobriety and complete a drug and alcohol assessment, as well as some other rehabilitative treatment or course. If you have a prior DWI from the last 5 years, you must also complete 240 hours of community service.
• Levels Three, Four, and Five if no gross aggravating factors exist, in which case the judge will consider whether more aggravating factors are present than mitigating factors, or vice versa:
  • Level Three: This carries 72 hours to 6 months in jail and up to $1,000 in fines.
  • Level Four: This is penalized by 48 hours to 120 days in jail and up to $500 in fines.
  • Level Five: This is penalized by 24 hours to 60 days in jail and up to $200 in fines.

Jail time may be avoided for Levels Three, Four, and Five offenses by completing community service, though all DWI convictions will carry a mandatory substance abuse assessment and the recommended treatment or rehabilitative course. In some cases, the judge may decide to permit time completed in inpatient treatment to count towards your required jail time.

First-offense DWIs will also result in one year of license revocation, and second offenses will result in four years of license revocation. Third and subsequent DWIs will likely lead to permanent license revocation. Each step in the sentencing structure is designed to handle the severity of the violation meticulously and to discourage repeat offenses.

Refusing to abide by North Carolina’s “implied consent” laws, which specify that all drivers agree to submit to a urine, blood, or breath test if they have been lawfully arrested for DWI, will also lead to an additional 12-month license revocation. This penal aspect emphasizes the state's rigorous stance against impaired driving.

If you are facing DWI charges in Goldsboro, reach out to our attorneys at Pittman Agner for legal representation. We can help you strategize a defense against your charges and build a defense for mitigated charges. Our team is prepared to comprehensively tackle each unique scenario to strive for the optimal outcome under the existing circumstances.

What Are the Penalties for a DWI in North Carolina?

North Carolina has a unique system of prosecuting DWIs. The state classifies DWIs into five different sentencing levels, with the fifth level being the least severe, and the level of your DWI charge is determined by the presence of aggravating or mitigating factors. At your initial sentencing hearing for your DWI, the prosecutor and defendant sides will present evidence of aggravating or mitigating factors that will set the basis for your penalty level:

• Aggravating factors: Examples include having a BAC of at least .15%, reckless driving, causing a collision, eluding law enforcement, speeding 30mph over the limit, passing a stopped school bus, or having two prior traffic violations and three demerit points on your license.
• Gross aggravating factors: These may include causing serious injury, driving while your license has been revoked for a DWI, driving with a minor passenger during the DWI offense, or having a prior DWI conviction from the last 7 years.
• Mitigating factors: These may lower the severity of the charge, and examples of mitigating factors include evidence of a low BAC (.09% or less), evidence that the impairing drug was medically prescribed, or that you were driving relatively safely. You may also submit to a mental health screening, 60 days of sobriety monitoring, or treatment prior to sentencing to create mitigating factors.

The importance of demonstrating mitigating factors cannot be overstated as they can substantially influence the judge's decision towards a lighter sentencing. Moreover, proactive measures undertaken by the defendant, such as participation in education and treatment programs, can serve as compelling evidence of contrition and willingness to reform.

Defenses Against DWI Charges

A robust defense strategy can significantly impact the outcome of your DWI charge. Our Goldsboro DWI lawyers are skilled in identifying and utilizing various defenses, such as:

• Challenging the Traffic Stop: Questioning the legality of the initial stop by law enforcement. Ensuring that the stop was based on legitimate cause can sometimes lead to dismissal of the charges if procedural errors are highlighted.
• Field Sobriety Test Accuracy: Examining the administration and accuracy of field sobriety tests. Any deviations from proper procedures or physical conditions affecting test accuracy can be instrumental in disputing the validity of the charges.
• Breathalyzer Test Reliability: Investigating the maintenance and calibration of breathalyzer devices. Documenting irregularities in breathalyzer functionality can result in the exclusion of BAC results from the evidence.
• Medical Conditions: Presenting medical conditions that could affect BAC results or mimic impairment. Certain medical issues may falsely inflate BAC readings or mimic symptoms of intoxication.
• Violation of Rights: Addressing any violations of your constitutional rights during the arrest process. Uncovering rights breaches can play a critical role in the dismissal of charges.
• Witness Testimony: Gathering statements from witnesses that may contradict the prosecution’s evidence. Witness evidence can provide alternative narratives that support the defense's storyline.

By meticulously analyzing each aspect of the arrest and charges, our team strives to craft a defense that reflects both the facts of the incident and the individual circumstances involved.

Why Choose Pittman Agner for Your DWI Defense?

Choosing the right defense team for your DWI charge is critical. At Pittman Agner, we bring a blend of professionalism and personalized service, designed to make our clients feel supported during every stage of the legal process. Our approach emphasizes clear communication from the onset, ensuring that you are well-informed about your case and all potential outcomes.

Our local insight into the Goldsboro area provides us with unique advantages in handling such charges. We take pride in our track record of navigating clients through North Carolina’s intricate legal systems. By prioritizing your rights and actively seeking out the best options for your situation, Pittman Agner strives to deliver robust defense strategies every step of the way.

Frequently Asked Questions About DWI in Goldsboro

What Are the Long-Term Consequences of a DWI Conviction in North Carolina?

Long-term consequences of a DWI conviction can greatly impact various aspects of your life. Beyond immediate penalties such as fines, jail time, and license suspension, a DWI conviction can linger on your criminal record, affecting future employment opportunities, insurance rates, and even housing rentals. In North Carolina, a DWI conviction remains on your record permanently and may enhance penalties if you face similar charges in the future. Therefore, it's crucial to understand these ramifications and the significance of seeking adept legal representation to potentially mitigate these outcomes. Choosing Pittman Agner ensures that a strategic defense is mounted to address both immediate and long-term implications.

How Can I Reinstate My Driver's License After a DWI in North Carolina?

Reinstating your driver's license following a DWI suspension involves several steps and adherence to specific guidelines. Initially, completion of a substance abuse assessment and any recommended treatment program is mandatory. Next, fulfilling all court-imposed penalties and paying the applicable fees is essential. Upon successful completion of these requirements, you may apply for license reinstatement through the North Carolina Division of Motor Vehicles (DMV). Depending on your situation, an ignition interlock device may also be required. The complexity of this process underscores the importance of having a knowledgeable DUI attorney guide you. At Pittman Agner, we provide comprehensive assistance to navigate these procedures efficiently, aiming to restore your driving privileges as swiftly as possible.

Contact Our Goldsboro DWI Attorney Today

Dealing with a DWI charge is daunting, but you don’t have to face it alone. Pittman Agner offers the expertise and dedication necessary to navigate the complexities of DWI law in Goldsboro. By understanding the charges, penalties, and potential defenses, we can work together to protect your rights and pursue the best possible outcome for your case. Our approach balances assertiveness in defense with a sensitivity to your needs and circumstances, ensuring comprehensive support throughout your legal journey. Contact us today to schedule a consultation and take the first step towards securing your future.

Contact Pittman Agner by calling (919) 893-0090 today to schedule a meeting with our DWI lawyer in Goldsboro!