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Getting your first DWI (Driving While Impaired) charge can be a terrifying and confusing time. DWI charges come with a lot of moving pieces, and ignoring or not understanding these pieces can often make a difference in your case. These are the top 3 things you should know when you get your first DWI charge:
Your license is likely suspended IMMEDIATELY.
The most common type of DWI is when someone’s breathalyzer results come back at .08 or higher. Typically, in these cases, when you are released from jail, you are under what is called a Civil Revocation. This means that your driving privileges have been temporarily suspended for a period of not less than thirty (30) days. It is important to know that if you don’t have this revocation rescinded or pay the $100.00 fee to get your license back, your license will remain under this revocation as an impaired revocation indefinitely. It is also important to tell your attorney if you have a CDL because the Civil Revocation can have serious consequences for any commercial driver’s license holder.
Classes and Community Service may be needed, or not.
One of the most common questions we get from clients who have their first DWI is, “Should I go ahead and do the classes and community service?” First, if your lawyer is going to get you the pre-trial limited driving privilege, you will have to complete the DWI assessment. These assessments are not valid forever, so if you have done the assessment, it is usually a good idea to go ahead and finish the classes. If you have not already done the assessment for a limited privilege, it is not necessary to do the assessment and classes right away, as your completion of them will not affect the finding of guilt in your case. In North Carolina, you cannot use the class to negate your guilt for a DWI charge. So why do the classes or do any community service at all? If you are going to be found guilty or plea guilty, it is still a good idea to do the assessment/classes and the community service, as the Judge will be able to take those things into account when determining your sentence.
License Suspension upon Conviction.
If you are convicted of a DWI, your license is going to be suspended for at least one year. If it is your first DWI, and it is not a level one conviction (meaning you did not have any children under the age of 18 in the car with you at the time you were arrested), you will most likely be able to get a post-trial limited driving privilege. In order to get this privilege, there are some requirements: you must be at least 21 years old, you must have had a valid driver’s license at the time you were arrested, you must have completed the substance abuse assessment, and you must have valid insurance.
DWI cases are often some of the most complex cases in the justice system. If you or someone you know is charged with a DWI, it is important to speak to a knowledgeable and experienced attorney as soon as possible. The Criminal Defense attorneys at Leitner, Bragg, and Griffin are available 24 hours a day to help you with these and other criminal matters. Call us at 704-271-9805.
Written By Tim Cannady
Tim grew up in west-central Georgia and is a graduate of Auburn University. After graduation, Tim moved to Charlotte for law school where he graduated with honors. Tim’s legal experience includes defending clients in cases ranging from traffic tickets to first degree murder. He has represented clients all over the greater Charlotte area and surrounding counties. Furthermore, he has represented several students in educational proceedings ranging from student handbook violations all the way to Title IX hearings.
