Ludlum Law Firm

OVER 30 YEARS EXPERIENCE WITH CRIMINAL AND TRAFFIC CASES IN DUPLIN AND SAMPSON COUNTIES

Criminal and Traffic

Civil Litigation and Pers

FAQ

What is the legal BAC (blood alcohol consentration) in North Carolina?
Can the state convict me of DWI if BAC is below .08?
Will I lose my license if convicted of DWI?
Can I get a work license?
Can I be sent to jail/prison if convicted?
What affect will a DWI conviction have on my insurance?

Q: What is the legal BAC (blood alcohol concentration) in North Carolina?

A: For a non CDL driver, one way the state can convict a person of DWI in North Carolina is to show beyond a reasonable doubt that the person had in his/her body at the time he/she was operating a motor vehicle a Blood Alcohol Content of .08 or greater.

Q: Can the state convict a person of DWI if BAC is below .o8?

A: If the arresting officer is able to prove through other evidence (aside from the breathalyzer/intoxilyzer) that a person was visibly and apppreciably impaired the state may be able to convict. In addition, the standard for convicting a CDL holder requires a showing of BAC of .04 as do some restricted licenses of persons previously convicted of DWI.

Q: Will I lose my license as a result of my DWI?

A: Upon being charged with DWI a person will automatically lose his/her license for 30 days. After 30 days that person may be entitled to get his/her license back until trial assuming no other pending charges or prior convictions are causing the license to remain in a state of suspension. After conviction of DWI, a person will lose his/her license for one year. If the person refused to blow into the intoxalyzer he/she will lose his/her license for 12 months prior to even going to court and being convicted.

Q: Can I get a work license?

A: If you meet certain criteria you may be elligible for a temporary work license for the initial 30 day suspension, as well as for the 1 years suspension. The 12 months refusal suspension does not allow for a work license until after a 6 month period.

Q: Can I be sent to jail/prison if convicted of DWI?

A: For first offenses of DWI, barring certain factors, jail/prison time is usually avoidable. For second and subsequent DWI convictions jail/prison time is usually inevitable. However, an attorney can still be very helpful in attempting to minimize jail/prision time issued as well as helping arrange for a person to do his/her jail time around a work schedule.

Q: What affect will a DWI conviction have on my insurance?

A: A conviction of DWI will result in a 400% increase of your insurance premium. So, if you currently pay $1,000 premium annually, a DWI will increase that premium to $4,000.

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