Hubert DWI Lawyer & Defense Law Firm

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Hubert DWI Attorney

The North Carolina State Highway Patrol and the Onslow County Sheriff’s Office take drunk driving seriously and will impose serious consequences if convicted. If you have been arrested on a DWI, you need a Hubert DWI lawyer to protect your future.

If you are looking to mitigate the immediate and long-term consequences of DWI, you need an experienced attorney. At Silva, Kiernan & Associates, PLLC, our team can bring invaluable knowledge to your defense and analyze the details of your arrest, scrutinize the evidence presented, identify potential rights violations, and build a robust defense aimed at minimizing or dismissing the charges against you.

What is DWI in North Carolina?

If you are operating a vehicle on public roads or highways while under the influence of a substance, whether it be alcohol, marijuana, or another controlled substance that impacts your driving ability, driving while impaired (DWI). It is also called a DUI (driving under the influence), but they are legally equivalent.

You could be charged with a DWI if you were allegedly driving with a blood alcohol concentration (BAC) of 0.08 or higher or if there was evidence that you were impaired. Additionally, any amount of a Schedule 1 controlled substance in your blood or urine may mean a DWI.

The Potential Consequences of a North Carolina DWI

While Hubert is a smaller community, the most recent data reported that Onslow County had 2.7 DWI convictions per 1,000 adults, slightly above the state average. These convictions carry many potential consequences for these individuals that go beyond legal penalties.

Legal Penalties

The legal penalties for DWI in Hubert follow a sentencing structure of six levels, ranging from Level 5, the least serious, to Aggravated Level 1, the most severe. The specific penalties of each DWI depend on mitigating, aggravating, or grossly aggravating factors. These factors can move an individual’s charges up or down the levels.

The six penalties are:

Level 5. A minimum of either 48 hours of community service or two days in jail, with a fine reaching up to $200.
Level 4. A minimum of either 48 hours of community service or two days in jail, and a potential fine of up to $500.
Level 3. A minimum of either 72 hours of community service or three days in jail, along with a fine that can be as high as $500.
Level 2. A jail sentence ranging from seven days to one year and a fine not exceeding $2,000.
Level 1. A jail sentence spanning from 30 days to two years, along with a potential fine of up to $4,000.
Aggravated Level 1. A jail sentence between one and three years and a fine that can go up to $10,000.

Factors considered aggravating include seriously injuring someone else, a prior DWI conviction within the last seven years, a DWI while your license is suspended from a prior DWI, or a child under 18 was in the car at the time.

Aggravating factors include:

A BAC of 0.15% or higher
License revocation at the time of the DWI
Prior DWI convictions
Reckless driving
An accident was caused
Driving 30 mph or faster over the limit
Speeding to avoid officers
Illegally passing a school bus

Mitigating factors include:

A BAC below 0.09%
Previous safe driving record
Only slight impairment if there is no BAC test
Voluntarily agreeing to a mental health assessment
The impairment was from a prescribed medication
Following the law in all other respects

Non-Legal Consequences

The consequences of a DWI do not stop at the legal penalties. One of the most immediate impacts will be on a person’s employment. A conviction can mean job loss, loss of professional licenses, and severely hindering prospects because many employers conduct background checks.

Another major consequence is the financial burden. It is not just court fines either; individuals convicted of DWI can face increased car insurance rates, fees for license reinstatement, ignition interlock device costs, and more.

Convictions can put a strain on personal relationships as well. The time and resources required to deal with the legal process, attend court-ordered programs, and fulfill community service requirements may strain a person’s family and social life. There is also a stigma associated with having a DWI conviction, meaning potential isolation and a hit to your reputation.

FAQs About Hubert, NC DWI Laws

What Happens After I’m Arrested for DWI?

After a DWI arrest, you will be taken in for further processing, which includes formal charges and conditions of your release. This is also the time you should request an attorney, and you should not wait to do so. The sooner you have an attorney by your side, the quicker they will have the opportunity to protect your rights, investigate your case, and build a strong defense.

Can I Refuse a Breathalyzer or Blood Test?

You have the right to refuse a breathalyzer or blood test in North Carolina, but refusing to do so may come with consequences. You will be subject to an automatic one-year driver’s license suspension imposed by the North Carolina Division of Motor Vehicles (NCDMV), with the potential of a longer suspension depending on how many prior convictions you have. On top of this, any refused test can be presented in court as evidence.

Do I Need a Lawyer for DWI in NC?

If you have been charged with a DWI in NC, you should contact a lawyer. A DWI charge is a serious situation with potentially life-altering consequences. A lawyer can help protect your rights, ensure you understand your options, and support you in achieving the most positive outcome possible.

How Do I Get My DWI Dismissed in NC?

There is no guaranteed way to get your DWI charges dismissed in North Carolina. However, having an experienced attorney on your case may increase your chances of having your charges dismissed or at least reduced. Your attorney may be able to argue that there was a lack of reasonable suspicion, the evidence was unlawfully obtained, there were errors with the chemical testing or even procedural errors.