Mitigating and aggravating factors can play a major role in DUI sentencing. The more that aggravating factors outweigh mitigating factors, the more severe the punishment:
The punishments for DUI / DWI in North Carolina are severe. While a DUI is typically considered a class 1 misdemeanor, they are punished very differently from other misdemeanors. DWI offenders are subject to a scale of punishments, ranging from Level 1 aggravated punishment (the most serious) through Level 5 punishment (the least serious). A DUI / DWI may also give rise to felony charges depending on the additional facts of the case.
The potential punishments related to DUI charges vary greatly and depend upon numerous factors, including the previous record of the defendant, the number of previous DUI's of the defendant, and the aggravating and mitigating factors associated with the incident. Misdemeanor punishments may include fines ranging from $200 to $10,000, jail time from 24 hours to 3 years, and/or community service. Upon conviction or guilty plea on a DUI, one's license will also be suspended for at least 1 year. A limited driving privilege may be available in certain circumstances.
Prior to going to court and potentially taking any sort of plea deal or guilty plea, it is very important that you fully understand the charges being brought against you, the possible punishments associated with your charge(s), and your options moving forward.
To speak with one of our Charlotte Mecklenburg criminal defense lawyers today, call 704-412-1442.
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To speak with one of our Charlotte Mecklenburg criminal defense and DUI attorneys regarding your matter, call us today at 704-412-1442 for a FREE consultation.
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Our attorneys are prepared to stand up for your rights and zealously represent your interests. To speak to one of our Charlotte criminal defense lawyers regarding a DUI / DWI matter, contact us today at 704-412-1442.
Aggravating factors may include: prior DUI / DWI convictions; the driver's license of the offender being suspended at the time of offense due to prior DUI; causing serious injury to another due to impaired driving; having a child in the car during the offense; having an adult unable to exit the car on his or her own due to physical disability or mental incompetency in the car during the offense (these first 5 being "grossly" aggravating); a greater than 0.15 blood alcohol content (BAC); reckless or dangerous driving; negligent driving leading to a reportable accident; two or more prior motor vehicle convictions in the last 5 years not involving DUI for which the defendant's drivers license was subject to revocation or 3 or more license points were assigned; a conviction of speeding by the defendant while fleeing or attempting to elude apprehension; a conviction of speeding by defendant of at least 30 mph over the legal limit; passing a stopped school bus; and any other factor that aggravates the seriousness of the offense.
Mitigating factors may include: impairment of 0.09 or less; slight impairment with no chemical analysis having been available to the defendant; the driving related to the incident was safe and lawful other than the impairment of defendant; a safe driving record with no convictions of at least 4 points within the past 5 years; impairment caused primarily by a lawfully prescribed drug for an existing medical condition, and the amount taken was within the prescribed dosage; defendant's voluntary submission, completion of assessment, and compliance with recommendations of a mental health facility after being charged with impaired driving; and any other factor that mitigates the seriousness of the offense.
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To speak with one of our Charlotte Mecklenburg criminal defense lawyers today regarding a DWI / DUI matter, call 704-412-1442.
As discussed above, our attorneys will analyze all aspects of your DUI / DWI case, including: the events leading up to being stopped by an officer, probable cause and steps taken by officers prior to arrest, on-board cameras and audio recordings of the event, the numerous physical tests performed and the results, and all other circumstances leading up to, during, and following the actual arrest. North Carolina laws and guidelines are very specific as to the steps and requirements officers must follow prior to making a stop (either by road block or pull-over), and performing roadside tests. Each road side test also has its own set of guidelines and standards that MUST be followed. We are here to make sure your rights were not violated and that all steps taken by an arresting officer were proper.
Moving towards trial, our Charlotte Mecklenburg criminal defense attorneys will negotiate with district attorneys on your behalf. We are also well versed in the steps to take prior to your court date, diversionary programs, and potential plea deals that may help you keep items off your permanent record and/or minimize the negative impact a driving while under the influence charge may have on you. Finally, we are prepared to represent your interests zealously and will press forward aggressively with trial when appropriate.
We can help.
Our attorneys are experienced with DUI / DWI related matters and are here to help with all steps involved in the process of dealing with your charges, including: analyzing the details of your case to determine if there are tryable issues, walking you through your options, negotiating a plea deal deal with a district attorney on your behalf, and/or pressing forward with and representing your interests zealously at trial. 704-412-1442.
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North Carolina lawmakers and judges take charges of driving under the influence very seriously, and the repercussions to offenders can be severe.
DUI / DWI charges can also become very complex from a legal standpoint, and competent legal assistance is important. Our attorneys will work with you to develop a strategy to aggressively defend your rights each step of the way through the legal process.
In DUI cases, we analyze numerous aspects of the incident resulting in arrest, including: the events leading up to being stopped by an officer, probable cause and steps taken by officers prior to arrest, on-board cameras and audio recording of the event, the numerous physical tests performed and the results, and all other circumstances leading up to, during, and following the actual arrest. North Carolina laws are very specific as to the steps and requirements officers must follow prior to making a stop (whether by checkpoint or pull-over) and arrest for driving while intoxicated. We are here to make sure your rights were not violated.