First DUI Charge

Disclaimer: This is for informational purposes only and not intended as a substitute for legal advice from a North Carolina licensed attorney.

This post focuses on a First DUI Charge and some of the questions and concerns you’re likely feeling. We discuss: (1) some of the tests the law enforcement officer likely put you through and (2) some of the things you can do to help prepare your DWI defense. In the end, control what you can control and prepare for a better outcome.

Control What You Can Control

You likely worried about how you performed on the three road side tests involving:

• Horizontal Gaze Nystagmus (HGN) Test
  • The test where you stare at the officer’s finger with a bright light shining.
• Walk-and-Turn Test
  • The test where you hopefully didn’t have to walk on an imaginary line.
• One-Leg Stand Test
  • The test where you balance for 30 seconds.

Performing SFSTs for the First Time is Nerve-Racking

These gauntlet of tests are what are known as Standardized Field Sobriety Tests (SFSTs). For someone who has never been investigated for a DWI, you were probably very nervous, confused, and frustrated. But rest assured there is evidence of your performance on the SFSTs.

So do your best to put what happened at 1:00 am on the side of the road in the rear-view mirror. That’s what you hire a lawyer for: to review the evidence, discuss the evidence with you, and prepare for trial.

Generally, interactions with law enforcement involving DWIs are recorded by dash cameras or body cameras. Law enforcement also produce a written report. Also, your jail breath test (breathalyzer) result or blood test result are other pieces of evidence that go into a DWI defense.

More Evidence Than Just SFSTs

The point is: DWIs are more complex than some other cases because there are a series of tests (SFST, breathalyzer test, and blood test) that collectively make up the evidence in your case. There is other evidence, which may or may not be present in your case, such as:

• Portable Breath Test (PBT) or sometimes referred to as a Preliminary Breath Test,
  • This screening test was likely done on the side of the road and resulted in a positive or negative reading for alcohol.
• Bad Driving,
• Slurred Speech,
• Red Glassy Eyes,
• Stumbling,
• Alcohol Odors,
• Statements You Made, or
• Alcohol containers

And gathering all the evidence is a process that takes time.

We will go through the evidence together–knee cap to knee cap–because it’s important you understand what happened on the side of the road and what clues law enforcement were looking for during the roadside tests. Call now so we can start preparing your DWI defense.

Prepare for a Better Outcome

Although a DWI conviction is a misdemeanor conviction, DWI convictions don’t fall under typical misdemeanor sentencing.

DWI Sentencing

DWI sentencing falls under impaired driving sentencing under Chapter 20 of the North Carolina General Statutes. N.C.G.S. § 20-179. There are six sentencing levels:

• Level A1,
• Level 1,
• Level 2,
• Level 3,
• Level 4, and
• Level 5.

Level A1 is the most severe, meaning it has the highest consequences. So if you’re convicted, whether by plea or trial, Level 5 is where you want to be, which has the least severe consequences. Each level has minimum and maximum days of jail that the judge can order. There are maximum fines and probationary requirements as well.

Limited Driving Privilege to Get Back on the Road

If convicted you will lose your privilege to drive in North Carolina for a minimum of 1 year. But there are things you can do to prepare for this potential outcome, such as having all the requirements in place to ask the court to issue you a limited driving privilege (LDP). Generally, a LDP lets you drive during certain hours for work, household errands, medical appointments, and for education purposes.

There are different types of LDPs. Depending on your estimated Blood Alcohol Content (BAC), some LDPs require an Interlock Ignition Device (aka Blow Box) installed on your vehicle. And not everyone is eligible for a LDP. Call to determine if you might be eligible for a LDP.

The Substance Abuse Assessment is Another Building Block

Another mitigating factor you can do on your own is get a substance abuse assessment. If you’re convicted of a DWI your driving privileges cannot be restored until you have–among other things–received a substance abuse assessment and completed the recommended education/treatment. The substance abuse assessment must be completed by a licensed provider specifically approved by the North Carolina Department of Health and Human Services (NCDHHS) to perform assessments for someone charged with an impaired driving offense. Call now so we can talk about this critical step.

These are just a few of the many things you can do to take control of your DWI case. A DWI defense requires time and effort. But you are not alone. Call now so we can help walk you through this DWI defense process.