DWI Charges in North Carolina: What Happens After an Arrest?

Being charged with DWI (driving while impaired) in North Carolina is serious. A DWI charge means law enforcement believes you were operating a vehicle while impaired by alcohol, drugs, or another substance.

If you are charged with DWI, you may face consequences such as license suspension, fines, and jail time. The exact outcome can vary from person to person.

Several factors can affect how serious a DWI charge is, including whether this is your first offense, your blood alcohol concentration (BAC), whether there were minors in the vehicle, and whether anyone was hurt or property was damaged. Repeat offenses or high BAC levels can lead to tougher penalties.

A DWI charge usually starts with a traffic stop and an arrest. After the arrest, you are taken to a local jail or detention center for booking, where your information is recorded and, in many cases, your fingerprints and photo are taken. From there, bond may be set so you can be released while your case moves through the court system.

Bond is the amount of money or conditions set by the court to allow you to leave jail before your court date. If you cannot afford to pay the full bond amount, you may work with a bail bond company to help secure your release. This is where services like Wake County DWI bail bonds can come into play, helping you navigate the bond and release process.

To better understand what happens during and after a DWI stop, including arrest and booking, you can also review more details in our DWI arrests in North Carolina guide. It explains the step-by-step process in simple terms so you know what to expect.

Implied Consent and DWI in North Carolina

In North Carolina, drivers are subject to implied consent laws. This means that after a lawful DWI arrest, law enforcement may request an official breath or chemical test to measure impairment.

Although a person can physically refuse the test, refusal can lead to separate license consequences through the North Carolina DMV.

In many situations, a refusal may trigger:

An immediate 30-day civil revocation of the driver’s license

A separate 12-month willful refusal suspension after DMV proceedings

These penalties are generally separate from the criminal DWI case itself. In some situations, the refusal-related suspension may still remain in effect even if the underlying DWI charge is later reduced or dismissed.

It is also important to understand that North Carolina treats roadside portable breath tests (PBTs) differently from the official chemical analysis performed after arrest at the detention facility or testing location. The more serious implied consent penalties are usually connected to refusing the official post-arrest chemical test.

DUI vs DWI in North Carolina

What is the NC law for DUIs? DUI and DWI fall under the same category.

DUI and DWI are often used interchangeably, and North Carolina makes no distinction between the two. DWI generally stands for driving while intoxicated. You’ll face DWI charges in North Carolina if you’re BAC surpasses the legal limit.

Before 1983, DWI usually carried heavier charges than a DUI charge. DWI penalties used to be harsher than DUI penalties. Nowadays, both labels have the same punishments.

Plus, DWI charges apply to other substances, which is why DWI is also known as driving while impaired. For example, you could face DWI charges if you’re impaired by prescription drugs.

Moreover, DWI charges are more expansive in the following ways:

• You can face a DWI charge if you have an open container.

• You can face a DWI charge if you have a closed or open container on the passenger side of a commercial vehicle.

• You can face a DWI charge if you help minors obtain alcohol.

Also, you’ll contend with DWI charges even if you weren’t operating a vehicle. If you give keys to an intoxicated person, for example, you could face low-level DWI charges. Otherwise called aiding and abetting a DWI, offenders could face a level 5 DWI offense.

DWI Penalties

A level 5 offense is the lowest punishment under DWI laws in North Carolina. You’ll face a minimum of 24 hours in jail or a maximum of 60 days in jail. Further, you could pay a $200 fine, and the court can suspend your license for 24 hours until serving the minimum 24-hour sentence.

The court could also restrict your ability to operate a vehicle for 30 days, and you may have to perform 24 hours of community service.

In most cases, the judge can suspend the minimum sentence but not always. The remaining offenses break down as follows:

• Level 4 Offense: Under this category, you’ll get a minimum 48-hour jail sentence and a maximum of 120 days in jail. Then, the judge could suspend your license upon completion of your 48-hour sentence, and you could pay a $500 fine. Then, they could sentence you to 48 hours of community service and/or suspend your ability to drive for 30 days.

• Level 3 Offense: This category carries a $1,000 fine, a minimum sentence of 72 hours, or a maximum sentence of six months. The judge will lift the suspension of your license after you complete at least 72 hours of jail time. After, you’ll have to complete 72 hours of community service, followed by a 60-day suspension of your driving privileges.

• Level 2 Offense: This offense category comes with a $1,000 fine and a minimum of seven days in jail. You could also get a sentence of up to one year. In this category, the court cannot lift a minimum sentence.

• Level 1 Offense: Judges cannot suspend the minimum sentences in this category either. The convicted must serve at least 30 days in jail or up to two years. They could also receive a $4,000 fine.

Offenders who receive level 1 or 2 offenses may also have to complete a substance abuse program. In other cases, they must enroll in other substance-related programs to qualify for license reinstatement.

Levels 1 and 2 offenders could also be repeat offenders. If you have three DWI offenses in the past seven years, you could face a felony DWI.

In this case, you must serve a minimum of one year in jail and complete a substance abuse program. In extreme cases, an officer can seize your car if you drove with a revoked due to a previous DWI offense.

The Solutions

Above all, contact an attorney if you’re facing an NC DWI. More importantly, find an experienced attorney who knows how to handle DWI cases. They can craft a strong defense in the courtroom, and they can help you get your license reinstated.

• Note: If you’re arrested for a DWI offense, invoke your right to remain silent until you can speak to an attorney. Don’t talk to investigators or police about your case, as they can use anything you say against you.

Also, Amistad Bail Bonds can get you out of jail. Bail bondsmen are a great alternative if you cannot afford to pay the bond on your own.

DWI Charges Are No Laughing Matter

DWI charges carry weighty sentences, which is why you should hire legal representation to help you. DWI and DUI charges fall under the same umbrella in North Carolina.

In most cases, you must serve a minimum amount of jail time. You’ll face heftier sentences for repeat DWI offenses, and the courts could charge you with a felony DWI.

Are you dealing with DUI charges in North Carolina? Click here to learn more.