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In North Carolina, DWI is punishable by up to two years in prison (even more under certain circumstances). If convicted, you can receive a sentence of imprisonment even if you have no previous criminal convictions. In addition, the DMV is required to revoke your driver’s license after a conviction for DWI. NCGS § 2-17(a)(2).
However, just because you have been charged with DWI does not mean you are guilty of anything. You have rights! The state must prove beyond a reasonable doubt that you (1) drove (2) a vehicle (3) on a highway, street or public vehicular area (4) while impaired. NCGS § 138.1(a). You may be able to argue that they have failed to prove an element or you may be able to challenge the stop, the arrest or the intoxillizer results.
If you are convicted, there will be a sentencing hearing where the judge will weigh aggravating and mitigating factors that may apply to your case. NCGS § 138.1(d). The results of this hearing will determine your punishment. This is also the time when you would file a Petition with the Court formally requesting a Limited Driving Privilege.
The DWI processis complex in North Carolina.The defense of this criminal charge involves the analysis of many legal issues and requires extensive knowledge of Constitutional Law, Criminal Law, the Rules of Evidence, and Criminal Procedure. The proper application of these laws to the facts of your case will determine whether you will be convicted and (if convicted) the nature and extent of your punishment.
The next call you make could determine the outcome of your case. The outcome of your case may have a tremendous impact on your life. Take control by calling (910) 341-7570 NOW! The call is free.
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