DWI Defense Attorney in Greensboro, NC
A DWI charge in North Carolina is a criminal offense, not a traffic ticket. A conviction means a permanent record, mandatory minimum jail time, a license revocation that can last for years, and potential ignition interlock requirements. North Carolina does not reduce DWI to lesser charges.
What NC Law Says About DWI
Under NC General Statute section 20-138.1, a person commits DWI if they drive any vehicle on a highway while under the influence of an impairing substance, with a blood alcohol concentration of 0.08 or higher, or with any amount of a Schedule I controlled substance in their system. North Carolina does not have a reduced DWI option. A DWI is a DWI, and a conviction stays on the record permanently.
DWI Sentencing Levels in North Carolina
Sentencing is determined by weighing aggravating and mitigating factors at a separate sentencing hearing:
- Level A1: Three or more grossly aggravating factors. Mandatory minimum 12 months in jail.
- Level 1: Two grossly aggravating factors, or driving with a child in the vehicle. Mandatory minimum 30 days.
- Level 2: One grossly aggravating factor. Mandatory minimum 7 days.
- Level 3 through 5: Lesser mandatory minimums based on the balance of aggravating and mitigating factors.
The 10-Day Rule: Act Immediately
From the date of the revocation notice, the driver has exactly 10 days to file a written request for a hearing to challenge the revocation. If the deadline passes without a hearing request, the right to challenge the revocation is permanently lost. Call us the same day you are charged. Do not wait.
Implied Consent and the Breath Test Decision
North Carolina is an implied consent state. Refusing the Intoxilyzer breath test triggers an automatic one-year civil license revocation, separate from any criminal proceedings. Whether to refuse or submit depends on the specific facts of the stop.
How We Approach DWI Defense
Every DWI case begins with a review of the traffic stop, field sobriety test administration, Intoxilyzer calibration records, and the required 15-minute observation period before the test.
- Unlawful traffic stop: Evidence gathered after an unlawful stop can be suppressed.
- Field sobriety test errors: SFSTs must follow strict NHTSA protocol.
- Intoxilyzer issues: Calibration, maintenance, and observation period failures matter.
- Medical conditions: Diabetes, GERD, and certain medications can affect breath test readings.
Frequently asked questions
Yes, when evidence is suppressed due to constitutional violations or when the state cannot prove impairment beyond a reasonable doubt.
Your license is typically revoked civilly at the point of arrest if you test at or above 0.08 or refuse the test. You have 10 days from the revocation notice to request a hearing.
A limited driving privilege allows a driver whose license has been revoked due to a DWI to drive during specific hours for work, school, medical appointments, and court.
This page is general information only and does not constitute legal advice or create an attorney-client relationship. Every case is different.
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