When you are charged with driving while impaired, also known as DWI, you need to make sure you protect your legal rights and interests. Driving while impaired (DWI) is a misdemeanor offense in North Carolina with nuanced criminal and collateral consequences.
Even a first-time DWI in Elizabeth City can result in significant financial penalties and potentially jail time. An experienced defense attorney can help you navigate the various issues that arise in DWI cases and prepare you for the potential consequences of a DWI conviction.
First-time DWI Charges
A first-time DWI could still lead to serious criminal charges that carry lengthy and severe legal sentences in Elizabeth City. North Carolina categorizes DWI offenses into five primary categories: Level 5, 4, 3, 2, 1, and Aggravated level 1. DWI law in North Carolina is fact-specific and specialized. You may be charged with DWI due to suspicion of impairment from alcohol or other controlled substances or some combination of both. An experienced criminal defense attorney can guide you through an often complicated process of evaluating the evidence in your case and explaining the likely outcomes for you if you are convicted.
Possible Legal Outcomes for a First-Time DWI Charge
There are a variety of elements that impact the level of the DWI you can be sentenced with. These elements include whether or not grossly, mitigating, or aggravating factors were present at the time of the incident that led to your DWI charge. An instance of a grossly aggravating factor would be if someone suffered an injury as a result of the DWI.
If, during the course of the DWI, the accused was found to have an excessive BAC of 0.15% or more or engaged in reckless driving, either of these are examples of possible aggravating factors. On the other hand, a mitigating factor could lessen the potential sentence attached to a first-time DWI charge in Elizabeth City. For example, if a person pursues a course of treatment, this action could be seen as a mitigating factor by the presiding judge.
Of the DWI categories, an aggravated Level I DWI carries the harshest sentence, while a Level V DWI carries the lightest penalties. A person can be charged with a Level I DWI if they were transporting an underage person in the car at the time of their arrest or at least two grossly aggravating factors were present. A conviction for an Aggravated Level 1 DWI can mean up to 36 months in jail.
Call an Elizabeth City Attorney if Charged with a First-Time DWI
Our attorneys can evaluate your first-time DWI in Elizabeth City and help you through each phase of the legal process to ensure that your rights are protected and your interests are pursued. Call Parks Zeigler today for a free and confidential consultation.