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Understanding DWI Sentencing

About Roberts Law Group Raleigh NC Criminal Defense Attorney

http://www.robertslawteam.com 866-630-2389 Roberts Law Group is client centered. The attorneys handle all matters of complex criminal cases in state & federal court in North Carolina. Contact us in Raleigh for experienced criminal defense.

DISCLAIMER: These testimonials represent a small sampling of clients the firm has helped. Case results depend upon a variety of factors unique to each case. Prior results do not guarantee a similar outcome in your case.

Arrested for DWI? Know What's Ahead

Raleigh, North Carolina, DWI Defense Lawyer

If you have been arrested for drunk driving in North Carolina, you are facing serious criminal penalties. In these difficult times, you more than likely have many questions about the law and how your case will proceed. At Roberts Law Group, PLLC, in Raleigh, North Carolina, we can answer your questions, defend your rights and prepare your defense strategy.

Contact us for a free initial consultation about your DWI case.

Understanding North Carolina DWI Laws

Under the North Carolina drunk driving statutes, you can be charged with DWI (driving while intoxicated) for operating any vehicle (car, truck, bicycle, moped, etc.) on any highway, street or public vehicular area when your blood alcohol concentration (BAC) is at or above the .08 legal limit or while you are under the influence of an impairing substance such as alcohol or drugs (meaning you can be arrested for drunk driving even if you were not over the legal limit).

The statutory definition of DWI is much broader than many people realize. As a result, countless people face harsh DWI penalties because they did not fully understand the law. Others face these harsh DWI penalties because their attorney was unable to effectively challenge field sobriety tests or blood alcohol concentration results.

Understanding How DWI Sentences are Determined

North Carolina imposes five levels of DWI sentences or "punishments." The level of punishment handed down by the judge depends upon the presence of any aggravating or mitigating factors in your case.

  • Aggravating factors: The following are examples of factors that will cause you to face a more severe penalty in your DWI case — BAC of .16 or higher (high BAC), reckless driving, prior DWI convictions, DWI accident, conviction for speeding 30 mph over the posted limit, driving with a revoked license and other factors
  • Mitigating factors: The following are examples of mitigating factors that may reduce the level of punishment in your DWI case — BAC that does not exceed .09 (low BAC), safe driving record, voluntary alcohol treatment and other factors.

Attorney Patrick Roberts formerly served as an Assistant District Attorney in three North Carolina counties. Armed with this former prosecutorial experience, you can trust that our law firm will do everything possible to present any factors that would result in a reduced sentence.

North Carolina DWI Penalties

If convicted for drunk driving in North Carolina, you could face the following DWI penalties (depending upon the presence of certain aggravating and/or mitigating factors):

  • Level one: Fine — up to $4,000; Jail time — 30 days up to 24 months; License suspension; Substance abuse assessment or treatment required to restore driver's license
  • Level two: Fine — up to $2,000; Jail time — 7 days up to 12 months; License suspension; Substance abuse assessment or treatment required to restore driver's license
  • Level three: Fine — up to $1,000; Jail time — 72 hours up to 6 months; License suspension; A judge can suspend the minimum sentence only after the defendant serves at least 72 hours in jail or completes 72 community service hours
  • Level four: Fine — up to $500; Jail time — 48 hours up to 120 days; License suspension; A judge can suspend the minimum sentence only after the defendant serves at least 48 hours in jail or completes 48 community service hours;
  • Level five: Fine — up to $200; Jail time — 24 hours up to 60 days; License suspension; A judge can suspend the minimum sentence only after the defendant serves at least 24 hours in jail or completes 24 community service hours

Drivers sentenced under level three, four or five may receive limited driving privileges; however, it is essential to have an experienced lawyer by your side when these driving privileges are considered by the court.

Don't Take Chances

DWI penalties can be extremely harsh. Don't take chances with your future. Contact an experienced criminal defense attorney at Roberts Law Group, PLLC to start preparing your DWI defense.

North Carolina v. J.S.
Accusation:
Indecent Exposure
Potentially Facing: 30 days in Jail
Result: Case Dismissed

Roberts Law Group acted quickly, meeting with the DA’s office to mitigate on behalf of their client, who had no prior criminal history. The Defendant had cooperated fully with the officer. At defense counsel’s prompting, the ADA spoke with his Law Enforcement Officers and determined that Defendant had been through enough already. Dismissed on the first court date.

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Client Testimonials

Every detail was handled well, from Mr. Roberts on down. The support staff was responsive immediately. The preparation of my case and presentation before the judge was exceptional.

-- H.P., DWI Client

Thank you Patrick, and staff - if there's ever anything I can do for you, don't hesitate to call ... you helped me believe in myself again.

-- R.F., DWI Client

Roberts Law Group was quick to respond to my legal concerns. They went to work for me immediately and within two weeks had delivered the results I needed. The entire experience felt as if I were talking to my best friend. I strongly recommend Roberts Law Group.

-- G.M., Felony Client

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The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form. Prior results do not guarantee a similar outcome.

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