Driving While Impaired In NC
You May Need a Traffic Lawyer If You Are Caught Driving While Impaired (DWI) in the State of North Carolina. This is a very serious violation. Unfortunately, this law is broken way to often. If a motorist is caught driving with a blood alcohol level of .08 percent or higher they can be charged with a DWI. The minimum fine for this violation is $200.00 with a possibility of imprisonment of 24 hours up to 30 days. A DWI violation currently carries a maximum fine of $4000.00 and a possible imprisonment term up to 2 years.
Below is the actual NC DWI Law
§ 20‑138.1. Impaired
driving.
(a) Offense. – A person
commits the offense of impaired driving if he drives any vehicle upon any
highway, any street, or any public vehicular area within this State:
(1) While under the
influence of an impairing substance; or
(2) After having
consumed sufficient alcohol that he has, at any relevant time after the
driving, an alcohol concentration of 0.08 or more. The results of a chemical
analysis shall be deemed sufficient evidence to prove a person's alcohol
concentration; or
(3) With any amount of a
Schedule I controlled substance, as listed in G.S. 90‑89, or its
metabolites in his blood or urine.
(a1) A person who has
submitted to a chemical analysis of a blood sample, pursuant to G.S. 20‑139.1(d),
may use the result in rebuttal as evidence that the person did not have, at a
relevant time after driving, an alcohol concentration of 0.08 or more.
(b) Defense Precluded.
– The fact that a person charged with violating this section is or has been
legally entitled to use alcohol or a drug is not a defense to a charge under
this section.
(b1) Defense Allowed. – Nothing
in this section shall preclude a person from asserting that a chemical analysis
result is inadmissible pursuant to G.S. 20‑139.1(b2).
(c) Pleading. – In any
prosecution for impaired driving, the pleading is sufficient if it states the
time and place of the alleged offense in the usual form and charges that the
defendant drove a vehicle on a highway or public vehicular area while subject
to an impairing substance.
(d) Sentencing Hearing
and Punishment. – Impaired driving as defined in this section is a misdemeanor.
Upon conviction of a defendant of impaired driving, the presiding judge shall
hold a sentencing hearing and impose punishment in accordance with G.S. 20‑179.
(e) Exception. –
Notwithstanding the definition of "vehicle" pursuant to G.S. 20‑4.01(49),
for purposes of this section the word "vehicle" does not include a
horse. (1983, c.
435, s. 24; 1989, c. 711, s. 2; 1993, c. 285, s. 1; 2006‑253, s. 9.)
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