Being Arrested For DWI in Fayetteville NC

Drunk driving is something that is both dangerous and illegal according to Fayetteville NC traffic laws. It can cause accidents that might injure you or other road users and in extreme cases, there is occurrence of permanent disability or even death. To determine whether a driver is drunk or intoxicated, traffic police officers use a driver’s BAC (blood alcohol content or concentration) which mostly involves breathing into a breathalyzer device.

Traffic police officers can pull you over in Fayetteville NC for any reason which may include speeding, swerving or any other and if they believe that you are intoxicated, they can issue a test to determine your BAC. You can refuse to take these tests but then it might present you with more problems if you are indeed drunk. If your BAC goes beyond the limit that is specified according to the Fayetteville NC laws, you are most likely to face some very serious DWI penalties.


Fayetteville dwi lawyers

Being arrested for DWI in Fayetteville NC can lead to costly convictions such as paying thousands of dollars for DWI fines, court costs and lawyer fees, and other extra costs such as treatment for substance abuse and ignition interlock devices. There is also license revocation or suspension, community service, jail time or both and treatment of alcohol and substance abuse, limited driving privileges, increased car insurance rates and many more.

Such situations can be very difficult for you to get out of on your own especially if it was your fault. This will necessitate you to employ the services of an experienced DWI attorney in order for you to stand a chance of get your DWI penalties minimized. DWI law firms can help you to navigate the Fayetteville NC legal system, defend you if you have been accused falsely or help you minimize penalties if you are found guilty.
DWI lawyers in Fayetteville NC are experts on the laws of drunk driving. They know all about the charges, penalties and how the court system works. You might even find that the DWI attorney had worked with the judge handling your case and is even familiar with the officer who arrested you. However, you have to do your research to ensure that you pick a reputable lawyer who will have your interests at heart and not one who will only be interested in your money.

If it is your first time being arrested for DWI in Fayetteville NC, then it can be a huge case because the DWI lawyer has to begin defending you from the time of arrest till the end of your hearing or trial while at the same time ensuring that the outcome is desirable. For second, third or fourth DWI offenders who are facing serious jail time, hiring of a DWI law firm can help lessen the time one would have spent behind bars. Generally, drunk driving should be avoided at all costs because it not only leads to serious injuries but also death.

DWI (Driving While Impaired) charges: what to ask your lawyer

When you have been caught driving under the influence of either alcohol or drugs, there are many things that will determine whether you need a DWI Attorney or not. DWI (Driving While Impaired) charges are serious and could lead to some jail time. Even if it is your first offense when your Blood Alcohol Content (BAC) is above 0.8, there was a minor with you in the car or there has been injury or death involved, it is best that you hire a DWI lawyer. It is also a good idea for you to get an attorney or a lawyer if you are a repeat offender.

Lawyers come in handy in giving you and overview of what to expect what will happen and how to get past the administration procedures quickly. A DWI Attorney will also act as a detective and help you find out what you are missing and what may need to be done in order to get your case a better defensive angle. They may find out things like the BAC was not very accurate or that the terrain the test your alcohol content on was too rough. At this point, anything can be helpful in getting your DWI (Driving While Impaired) reduced and or dismissed.

Experience and wins

There are a lot of crime and defense lawyers. They may all be great in their fields but you need to find one that specialized in DUI/ DWIs so that you are assured of the best representation. Therefore when you meet your lawyer for the briefing, you should take this opportunity to find out more about their experience and backgrounds. You should ask questions like:

– Where did you study?
– Do you belong to any organizations and if so which?
– How long have you been practicing law?
– How long have you worked with DWI clients and how many have you represented this far?
– How many DWI cases have you won?
– What other types of cases do you do?

If your lawyer is evasive and does not want to answer the questions directly, then you should consider hiring a different attorney for your defense. If your lawyer is busy and has sent to you a company representative, do not be alarmed or shaken, most of the really good lawyers are busy. However, your lawyer should return your call and answer your questions within a timely manner. Usually no more than 24 hours after the initial call and or message. For more information visit

DWI Charges in North Carolina

If you’ve been charged with your first DWI in North Carolina, you need to know your options, and what to expect. North Carolina doesn’t treat all Driving While Intoxicated cases the same. If you are a repeat offenders you may face a range of potential punishments that are different from those that of a first-time offender.


Losing Your License

North Carolina’s Civil Revocation Law requires a driver to hand over his license when charged with a DWI. The citation issued by the police officer will serve at your driver’s license. Your driver’s license will be suspended for a minimum of 30 days, but there are some individual situations where a limited driving privilege can be granted. At this point, it would be a good idea to contact a Driving While Intoxicated Defense Attorney to assist you in determining whether or not you’re eligible for a limited driving privilege.

When your driver’s license is restored after a 30 days suspension for DWI, or when a limited driving privilege is issued after a DWI conviction, there is a Blood Alcohol Content (BAC) restriction. This means the law is more severe for you than for everyone else. The first time your driver’s license is restored, the BAC restriction is .04%. The second and/or subsequent times, it is 0.00%―no alcohol allowed in your blood at all.

Being charged with Driving While Intoxicated can be very complex. It is advised you contact an Attorney that is knowledgeable of North Carolina’s DWI laws. For more information visit

DWI Sentencing Factors in North Carolina

There are two components involved in determining DWI punishments in the state of North Carolina. Providing there are no Penalty Enhancing Factors involved a judge is left to compare and analyze the aggravating and mitigating factors to determine the fate of the convicted.

Factors that will enhance the sentence
Driver License being revoked at time of infraction
Prior Convictions for Driving While Impaired
Blood Alcohol Content of .15 or Above
Speeding While Attempting to Elude Police Officers
Speeding 30 Miles per Hour over the Legal Limit
Illegally Passing a School Bus
Reckless Driving

Minimizing Factors
Driving lawfully (except for impairment) at time of Offense
Impaired by Prescribed Dosage of Legal Medications
Minor Impairment where test was unavailable
Safe Driving Record
Alcohol Concentration Didn’t Exceed .09
Voluntary Submission to Mental Health Facility for Assessment

Seek advice from a DWI Attorney
Hiring a DWI attorney is strongly recommended to assist an individual arrested for Driving While Impaired when factors that may enhance a sentence is involved. Aggravating factors will cause the penalties to be much more severe and last for a much longer time period.

North Carolina DWI Facts & Info

The Safe Roads Act of 1983 in North Carolina, eliminated all of the state’s previous alcohol /drug -related driving laws and combined both types of charges under a one offense―driving while impaired, or DWI.

(BAC) blood alcohol concentration is the most utilized was North Carolina determines whether a person is legally impaired.

The table below list the minimum BAC by age to be considered legally impaired:

21 or Older: 0.08%
Commercial drivers (CDL): 0.04%
Younger than 21: Any alcohol concentration
Prior DWI: 0.04% *

Whether your physical or mental abilities are impaired by alcohol, drugs or any combination of both is a factor that will be considered by the State Attorneys offices when to determine your possible DWI Penalty.

*Any previous DWI convictions with a license reinstatement, lowers the BAC threshold to 0.04% or higher. However, this can also depend on your overall driving record and whether you were charged and convicted after July, 1, 2001.

Additional Drug and Alcohol Crimes
In addition to driving under the influence of alcohol and drugs, North Carolina Driving While Impaired laws prohibit:

Possessing an open container in the vehicle if the driver is or has been consuming alcohol.
Possessing an open or closed container in the passenger area of a commercial motor vehicle.
Assisting someone younger than 21 years old obtain alcohol. This includes buying or giving them alcohol, or lending an ID so they can buy alcohol.

How is DWI defined in the state of North Carolina? The controlling statute, NCGS § 20-138.1, is explained and examined below:

20‑138.1. Impaired driving.

(a) Offense. – A person commits the offense of impaired driving if he or she drives any vehicle upon any highway, any street, or any public vehicular area within this State:

(1) While under the influence of an impairing substance; or

(2) After having consumed sufficient alcohol that he or she has, at any time after the driving, an alcohol concentration of 0.08 or more. The results of a chemical analysis may be deemed sufficient evidence to prove a person’s alcohol concentration; or

(3) With any amount of a Schedule I controlled substance, as listed in G.S. 90‑89, in his or her blood or urine.

Keep in mind that the State can also use what is referred to as “appreciable impairment” to make a case against you. Appreciable impairment is defined as impairment that causes the person to lose normal control of their physical or mental faculties or both. Examples of Schedule 1 substances include: opiates and their derivatives, psychedelic substances, depressants, and stimulants.