North Carolina's criminal laws against driving while impaired (DWI) are some of the toughest in the nation. Mandatory jail time, automatic license revocations, and seizure of vehicles are among the penalties imposed. Here's what you should know if you face DWI charges. 

Factors That Affect Charges

Under North Carolina's criminal laws, most DWI charges are misdemeanors. However, multiple convictions can lead to felony charges. There are five levels of misdemeanor charges, ranging from Level V, which is the least serious, to Level I, the most serious. Drivers under age 21 cannot drive with any alcohol or prohibited drugs in their system. This zero-tolerance approach also applies to drivers of commercial motor vehicles, school buses, child care vehicles, and day care vans. 

Effects of Refusal to Submit to Testing 

When a driver refuses a state-administered chemical test for alcohol or drugs, the state imposes a 30-day license revocation immediately. A second revocation for a year is imposed after the driver has an opportunity for a hearing. The one-year revocation is imposed for refusing the test, even if the court finds the driver not guilty of DWI. 

Drivers under age 21 cannot avoid DWI penalties by refusing to take a chemical test of their breath. North Carolina's criminal law now allows underage drivers to be convicted of DWI if there is proof they have the smell of alcohol on their breath. 

Penalties Drivers Face 

Drivers convicted Under Level V face a fine of up to $200 and a minimum jail sentence of 24 hours and a maximum of 60 days. Level I convictions carry a fine of up to $4,000 with a 30-day mandatory minimum jail sentence and a two-year maximum. 

Underage drivers with any amount of alcohol in their systems receive an immediate 30-day license revocation before trial. Adult repeat offenders face license revocation and seizure and forfeiture of their vehicles. State criminal law allows an arresting officer to seize a vehicle if they find the driver was operating it when their license was revoked for a previous DWI offense. Seeking help from an experienced DWI attorney is the best way to protect and assert your legal rights.  

If you face DWI charges, seek advice and representation from Fulcher Law Firm in Albemarle, NC. This DWI attorney offers more than 18 years of criminal law experience to residents throughout Montgomery and Stanly counties. He is a vigorous and effective advocate, dedicated to pursuing the best possible outcome for each client. For more information about his services, visit the firm online. Call (704) 984-6060 to schedule a consultation.