Driving under the influence of drugs or alcohol or driving while intoxicated (“DWI”) as it’s referred to in North Carolina, is a serious crime that can bring about serious penalties. In fact, for many facing a first offense DWI in Charlotte, the severity of a DWI sentence can be shocking. However, just because you’ve been charged with a DWI doesn’t mean you’re guilty; it’s up to the prosecution to prove you guilty beyond a reasonable doubt—if it can.
At the Olsinski Law Firm, PLLC, our Charlotte DUI defense attorneys have extensive experience defending the rights and freedoms of clients charged with all types of DWI offenses. We take pride in our ability to develop compelling and creative defenses in even the most challenging cases, which is how we earned the reputation as one of the best DWI defense law firms in Charlotte.
What You Need to Know if You’re Facing a First Offense DUIOne of the most challenging parts about a first time DUI is that so much of the process feels like an unknown. At the Olsinski Law Firm, PLLC, we’ve found that our clients can find some peace once they’ve gained a better understanding of North Carolina DWI law, what’s at stake in these cases, and what can be done to avoid a conviction. Below are a few need-to-knows when it comes to a first offense DUI in North Carolina.
Potential Penalties
In North Carolina, a first offense DWI is considered a serious charge. The state has strict laws in place to deter impaired driving, and even a first offense can come with significant consequences. You might face fines, jail time, and a loss of driving privileges.
North Carolina’s DWI Sentencing Framework
North Carolina has a unique DWI sentencing framework that requires a judge to first identify and then weigh all mitigating and aggravating factors. For example, common aggravating factors include having a child in the car at the time of your arrest or causing an accident that resulted in another’s injury. On the other hand, mitigating factors include a favorable driving history or evidence that, despite your intoxication, you were driving safely at the time of your arrest.
Immediate License Suspension
One of the immediate consequences of a DWI arrest in North Carolina is the suspension of your driver’s license. Upon being charged, your license will be revoked for at least 30 days. You might be eligible for a limited driving privilege after 10 days, but this requires a fee and a court petition. Losing your license can affect your daily life, so it’s crucial to know your options.
Long-term Consequences
A first offense DWI conviction can have long-lasting effects on your life. It can impact your employment opportunities, especially if your job involves driving. Your insurance rates are likely to increase, and you may have a permanent mark on your criminal record. Being aware of these long-term consequences can motivate you to take the necessary actions to address the charge seriously and seek the best possible outcome.
Even if You Refuse Testing, You Can Still Face DWI Charges
In most Charlotte DWI cases, the prosecution will present evidence of chemical test results, usually blood-test or breath-test results. However, if you refuse testing or if the police were unable to obtain a sample, you can still be charged with a DUI if the government has evidence you were intoxicated. For example, prosecutors will often proceed if they have an officer’s observations of dangerous driving coupled with the smell of alcohol. That said, refusing a breath test or blood test often makes it harder for the prosecution to prove its case.
Have You Been Charged With a First Time DWI Offense?If you were recently arrested and charged with your first DWI, it is imperative that you have an experienced Charlotte DWI lawyer by your side at every step of the process. At the Olsinski Law Firm, PLLC, our criminal defense attorneys have decades of combined experience aggressively defending the rights, freedoms, and futures of good people charged with serious crimes, including DWI offenses. We offer free consultations, during which we will answer your questions and explain how we can help create a compelling defense on your behalf. To learn more, and to schedule a free consultation today, call 704-405-2850, or connect with us through our secure online contact form.