DWI Cases

The attorneys in the Mitchell, Brewer, Richardson law firm, are experienced trial lawyers who are well known for their capable defense of DWI and other traffic and criminal cases. They even helped "write the book" on handling the defense of these cases in North Carolina.

DWI Cases

Driving While Impaired (DWI) cases are serious matters which require experienced and capable trial lawyers. Under North Carolina law a conviction of DWI has very serious consequences including a potential for confinement in jail (in some instances a jail sentence may be mandatory unless a proper defense is successfully presented), and involves a loss of license and other penalties.

Under North Carolina law the offense of driving while impaired (DWI) is defined under N.C. General Statutes § 20-138.1. That law also prescribes five levels of punishment, depending on whether certain aggravating factors proven by the prosecutor outweigh the mitigating factors that the defense demonstrates.

For persons who are convicted of DWI who fall into one of the five levels of misdemeanor DWI (Level I being the most serious and Level V the least), the prescribed punishment is:

Level V: Punishable by a fine up to $200 and a minimum jail sentence of 24 hours and a maximum of 60 days. A judge can suspend the sentence.

Level IV: Punishable by a fine up to $500 and a minimum jail sentence of 48 hours and a maximum of 120 days. A judge can suspend the sentence.

Level III: Punishable by a fine up to $1,000 and a minimum jail sentence of 72 hours and a maximum of six months. A judge can suspend the sentence.

Level II: Punishable by a fine up to $2,000 and a minimum jail sentence of seven days and a maximum of one year. A judge cannot suspend the minimum sentence.

Level I: Punishable by a fine up to $4,000 and a minimum jail sentence of 30 days and a maximum of two years. A judge cannot suspend the minimum sentence.

Persons who are convicted or plead guilty to a DWI offense must complete a substance abuse assessment and comply with any recommended treatment as a condition for having his or her operator's license restored at the end of the revocation period.

Our efforts in the law firm of Mitchell, Brewer, Richardson are directed toward trying to achieve a "not guilty" verdict if possible in each case. Where that is not possible we attempt to achieve as favorable a verdict as possible and to present all factors mitigating the conviction.

Limited Driving Privileges

A DWI charge or conviction may result in a loss of license. Ordinarily a person who is convicted of driving while impaired suffers a loss of license following the conviction. Prior to a trial, a person who submits to an intoxilyzer which results in a reported level of .08 or more results in a 30 day civil revocation before trial. The person is directed to surrender his or her license to the clerk of Superior Court for 30 days, after which the license may be returned upon payment of a restoration fee.

After the first ten (10) days of this 30 day civil revocation, a person who has been charged with DWI and has an intoxilyzer result of .08 or more may be eligible to apply for a temporary limited driving privilege which may be valid until his or her license is restored. Such limited driving privileges are not automatically granted, but if they are allowed, then the document which we will assist you with, called a limited driving privilege, functions as a restrictive license until the end of the revocation period or until the time of trial.

Most misdemeanor DWI cases are handled in the District Court Division. Felony DWI cases are set in the Superior Court Division.

A trial or a guilty plea in the District Court is held before a judge. There are no juries in District Court.

If a person who has been charged is found not guilty, then he or she is discharged and has no further liability in connection with the case. A person who is convicted of DWI loses his or her license for at least one year (12 months). A limited driving privilege may be available during that 12 month suspension.

Issuance of a limited driving privilege is not automatic. A "restricted license," allowing a person to drive to and from his or her employment, during employment or for household or educational purposes during specific times may be issued if the person's driving record permits it and the judge allows it.

If the trial in District Court does not result in a conviction and a not guilty verdict is entered, a limited driving privilege is not necessary. Similarly, because a person has a constitutional right to a jury trial, if a person is convicted of DWI at the District Court level, that person may appeal the case to the Superior Court for a jury trial. During the time that this appeal is pending, the District Court verdict is not effective and the person is entitled to keep his or her license as if no trial had been held in the District Court.

DWI cases are very complicated, and the assistance of experienced, capable lawyers is necessary at every level of the case. The attorneys of Mitchell, Brewer, Richardson are ready, willing and able to help you.

Felony DWI

For Habitual DWI offenders (drivers who have had three prior DWI convictions within the past seven years) a DWI charge is treated as a felony case. (For more information on the procedures in a felony case, click here.) The Habitual DWI statute mandates a minimum active sentence of at least one year of imprisonment. Such a sentence cannot be suspended if the person is convicted. Offenders convicted of DWI must also go through a substance abuse program while in jail or as a condition of parole.

Seizure and Forfeiture of Vehicles

Under North Carolina law, a law enforcement officer can seize a driver's car if the officer charges that person with DWI and that person was driving while his or her license was revoked due to a previous impaired driving offense. Under certain circumstances the vehicle will be returned to an innocent owner following the seizure, but before trial, or even after the trial if certain proof can be made.

If a court convicts the driver of DWI and of committing the offense while driving with a revoked license due to a previous impaired driving offense, the judge will order the vehicle forfeited. The school board can then sell the vehicle and keep the proceeds, sharing the money with any other school systems in the county, or keep the car for its own use. The law allows the vehicle owner to have the car returned f the owner was not the driver convicted of DWI, provided that the owner can satisfy the court that the owner is an innocent party.

Contact us

We can be reached by telephone at (910) 678-8900 between 8:30 a.m. and 5:00 p.m. Monday through Friday. After hours, you may leave a message for us by dialing the extension of the attorney or staff member you wish to reach.

For a list of attorneys and staff members and their extensions: click here.

You can page us by dialing 1-800-498-3494 anytime.

You can reach us by e-mail via our feed back page or by sending a message to us at FirmMail@mbr-law.com or for a list of and automatic connection to the e-mail addresses of our attorneys and staff members, click here.