Driving under the influence of alcohol is a crime and a very large concern to everyday citizens. It is estimated that 45,000 people receive injuries that require hospitalization. Approximately, 17,000 people are killed in drunk driving accidents every year. The most frustrating aspect of these crimes is the fact that they are preventable.
The two charges given for drunk driving are DUI (driving under the influence) and DWI (driving while intoxicated/impaired). These laws differ by every state.
Penalties continue to grow harsher everyday. If this is you, make sure to find an experienced DUI/DWI attorney in Raleigh. DUIs in most states are now a felony. Every state goes by the .08 legal limits for DUI. If you have scored a .08 or higher on a breathalyzer test, you will be taken into custody and charged with a DUI or DWI. The laws change for commercial drivers, due to their occupation.
There is a zero tolerance law for anyone under the age of 21. If a breathalyzer shows .01-.02 that person is found guilty. No alcohol can be detected. Anyone must submit to any form of alcohol test when asked by a police officer. Failure to do so may result having your licence revoked.
A person is usually pulled over for the suspicion of driving drunk. A person can be cited with a misdemeanor or a felony DUI deepening on the severity of the situation. Felonies are usually given to people who have multiple DUI convictions. They will also receive stiffer penalties and fines.
If a person is pulled over for erratic driving, they will be asked to submit to a sobriety test or breathalyzer test. You will be arrested for refusing a sobriety test. If you seem to be impaired the officer will make an arrest. The charge will be based on a DUI or DWI.
At this point, the trial will start being prepared. You need to have a Raleigh DUI/DWI attorney right away to get started on your case. Most cases dont actually make it to trial. Since most crimes turn out to be misdemeanors, no contest is often pled. These people are charged a lesser sentence than going to trial and found guilty.
If a person goes to trial and is convicted, there are hefty fines and incarceration involved. Penalties will factor in the severity of the situation, previous convictions, drivers history. For a first offense, you are looking at fines anywhere from $500-5,000. There is a possibility of up to one year in jail. Repeat offenders can face fines as large as $150,000 and more than 10 years on prison.
A sentence may be enhanced depending on various factors. These are taken into consideration on a case-by-case basis. These factors include but are not limited to the age of the offender, intoxication levels, whether injuries or accidents occurred, and zero tolerance laws. Make sure to have an experienced attorney to back you no latter what your situation. You will not be able to succeed on your own.
This article is not intended for legal advice.
Additional Legal Tools: The Law Offices of Michael Driver.Serving clients throughout North Carolina.