Did you know DUI (Driving Under the Influence) and DWI (Driving While Impaired) are the same crime. North Carolina law does not recognize a difference between the two and actually punishes this offense under the label of DWI. This is because the law recognizes and punishes impairment, regardless of whether it stems from alcohol, illegal drugs or prescription medication.

When charged with DWI, you might think that you have no legal option but to accept the prosecutor’s plea arrangement and pay the penalties. The truth is that an experienced DWI defense attorney can help you avoid the worst of the serious consequences of a guilty plea.

It is important to remember that you are considered innocent until proven guilty. That means that the right DWI lawyer can suppress evidence, challenge probable cause, and work hard to dismiss your charges.

Get help with DWI charges from the Experienced Professionals of Beaver Courie Law Firm! Help is just a phone call away! Contact our offices in Fayetteville, Raeford, or Pinehurst to start an aggressive defense of your DWI charge. Don’t despair about what will happen next. We will provide a clear explanation of the process, why it is worth standing up to fight, and how we can help. You will always know that you have highly experienced DWI lawyers on your side.

To learn more about DWI, click here: https://www.beavercourie.com/practice-areas/traffic-dwi/dwi/

Driving While Impaired under North Carolina General Statute § 20-138.1 requires proof of the following four factors: A person must (1) drive (2) a vehicle (3) on a public street, highway, or public vehicular area (4a) while under the influence of an impairing substance, or (4b) after consuming a sufficient quantity of alcohol that he has, at any relevant time after the driving, an alcohol concentration of 0.08 or more, or (4c) with any amount of a Schedule I controlled substance, as listed in G.S. 90-89, or its metabolites in his blood or urine.

If convicted of Driving While Impaired in the State of North Carolina, a person faces five (5) different levels of punishment depending upon his particular factual scenario. After conviction, a Judge will determine whether any Grossly Aggravating, Aggravating or Mitigating Factors apply to the case. The existence or lack thereof of these factors will determine the appropriate level of punishment issued by the Court.

North Carolina General Statute § 20-179 provides for the following punishments:

Irregardless of the level of punishment received, a Driving While Impaired conviction will result in the loss of one’s license for at least one (1) year. However, some people will qualify for a limited driving privilege depending upon the level of punishment received and specific facts of the case. This limited driving privilege will enable someone to drive to work, school, and perhaps even for household purposes.

For more information contact Attorneys David T. Courie, Sr., Mark L. Hearp, or Cristina S. Quantock at 910-323-4600 or 910-875-3379.

How does someone find themselves in Sobriety Court? There are three ways.

(1) acquire a second DWI while having a DWI pending,

(2) acquire a new DWI and have a prior DWI conviction within the last three years,

(3) acquire a new DWI and have two prior convictions in their criminal history.

How is Sobriety Court different then regular court?

Once in Sobriety Court, the judge will place conditions on your pre-trial release. Those conditions include and are not limited to (1) cannot use or possess alcohol while your cases are pending, (2) cannot use or possess any controlled substances, (3) abide by a mandatory curfew, (4) where an ankle bracelet 24 hours a day which checks for the use of alcohol and pay the fee for it, (5) not leave your house unless approved by the court, (6) make all court appearances which occur every two weeks, (7) submit to random drug and alcohol screenings, (8) not drive unless approved by DMV, and (9) attend all meetings with the sobriety court administrator.

Violation of any of these provisions could result in immediate incarceration by the Sobriety Court Judge.

How do you get out of Sobriety Court?

The way to leave Sobriety Court is dependent upon how you first entered the Sobriety Court program. If you were admitted into the program because you picked up a second DWI while your first DWI was pending, you MUST resolve BOTH Driving While Impaired Cases before you may be released from the program. If you entered the program because you received a DWI and had a prior DWI conviction within the past three years, then to be released from Sobriety Court you must resolve the new Driving While Impaired offense. If you were admitted into Sobriety Court because you had two prior DWI convictions on your criminal history (even if they occurred thirty years ago) and picked up a new Driving While Impaired offense, then you must resolve the new offense in order to be released from the program.

This article is meant for informative purposes and is only a brief overview of Sobriety Court . For more information contact attorneys David T. Courie, Sr., Mark L. Hearp, or Cristina S. Quantock at 910-323-4600 or 910-875-3379.