Davidson County, NC DWI Lawyer
Serving The Winston-Salem, NC & The Triad North Carolina Areas
If you have been charged with a DWI in Davidson County, you will need to get legal representation promptly. We have extensive experience in handling DWI cases.
Important Questions to Consider When Charged with a DWI
My License was seized by the police – Is my license suspended? Do I have to wait a 30-day period in order to drive? Am I eligible for a pre-trial driving privileges? Can I drive to my place of work? Can I drop my kids off at school? If I’m convicted, will I lose the right to drive for a year? These are some of the questions we are asked by DWI clients. Considering that every case is different, you will need the right information based on the facts of your case.
What is the Punishment for DWI?
A driver convicted of DWI in North Carolina will be sentenced at one of six punishment levels. The more serious punishment levels are Level A1, Level 1 and Level 2 and apply when a driver has a prior DWI conviction within seven years OR Grossly Aggravating Factors are found by the judge. Level 3, Level 4 and Level 5 punishments are less severe and usually apply to first-time offenders and with no Grossly Aggravating Factors present.
Why Choose Beechler Tomberlin?
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ResultsWe relentlessly pursue positive outcomes, measuring success not just by wins, but by the meaningful impact we make on the lives of those we represent.
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OriginalityWe innovate in our legal practice, crafting tailored solutions through creative thinking and customized solutions.
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IntegrityUnwavering honesty and accountability define our approach, ensuring steadfast representation and building trust with our clients.
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EthicsWe uphold the highest ethical standards, fostering trust and confidence through honesty, transparency, and respect for the law.
Factors Affecting DWI Sentencing
Grossly Aggravating Factors
- A prior DWI conviction within 7 years of the date of the current DWI offense. Or, a DWI conviction after the date of the DWI offense in question. Each prior conviction is a separate grossly aggravating factor.
- Driving with a revoked license as a result of an impaired driving offense.
- Serious injury to another person as a result of your DWI.
- DWI with a child under the age of 18 in the vehicle.
Aggravating Factors
- Gross impairment while driving or a blood alcohol level of .15 or higher.
- Especially reckless or dangerous driving.
- Negligent driving that led to a reportable accident.
- Driving with a revoked license.
- Two or more prior convictions for traffic offenses that incur at least 3 points on your record or which could result in a revoked license. Applicable if the offenses happened within five years of your DWI arrest. Or, you have a prior DWI more than 7 years before the date of your existing DWI arrest.
- Speeding to evade DWI arrest.
- Speeding more than 30 mph over the speed limit.
- Passing a stopped school bus.
- Any other factor that aggravates the seriousness of the offense. This is subjective and varies among judges.
Mitigating Factors
- Slight impairment and a blood alcohol level of .09 or less.
- Slight impairment on the basis of field sobriety tests in the absence of any blood chemical analysis. This is not applicable if the breath test is refused.
- Driving that was safe and lawful at the time of your arrest except for the impairment.
- A safe driving record. This means no conviction for any traffic offense that incurs four points on your record. Or, no traffic offense which could result in having your license revoked within the last five years of the date of the current offense.
- Impairment by a legally prescribed medication of which you took the prescribed dosage.
- Voluntarily participating in an alcohol assessment program or treatment program before sentencing.
- Completing a substance abuse assessment and completing the recommended treatment. As well as, 60 days of abstinence from alcohol as proven by a continuous alcohol monitoring ankle bracelet or CAM bracelet.
- Any other factor that mitigates the seriousness of the offense. This is subjective and varies among judges.
Hire a Board Certified Criminal Defense Specialist to Defend Your DWI
If you have a DWI related charge in North Carolina, please reach out to us today. DWI charges have serious consequences; hiring a defense attorney can help reduce these penalties.
