In North Carolina the offense of Driving While Impaired (DWI) can carry serious penalties and stiff fines. Depending upon the driving record of the individual involved and other mitigating or aggravating circumstances, penalties for a conviction can range from loss of a driver's license to actual jail time.

Because the penalties can be so severe, it is important to retain legal counsel to guide you through the process and to explain your options to you. The attorneys at The Dummit Law Firm understand that a DWI charge can alter your life, and they make every effort to communicate with you while pursuing each and every avenue that is available in your defense.

Our firm also represents people who have been charged with Driving While Licensed Revoked (DWLR). We work hard to get your license back and obtain the best result for you in Court as well as hearings at the Division of Motor Vehicles.

North Carolina DWI laws are some of the toughest in the country. If you have been arrested for DWI in North Carolina, it is critical that you contact a defense lawyer immediately, in order to protect your rights and your freedom.

North Carolina DWI law is two pronged and prosecutors can use either prong to attempt to convict you. The first prong relates to "appreciable impairment" while driving. This count does not depend on a particular blood alcohol level, whereas North Carolina's per se law, which relates to a blood or breath alcohol level of .08% or higher does depend upon the admission of a test into evidence against you. The prosecutor will attempt to prove this prong of the North Carolina DWI charge by demonstrating appreciable impairment through the suspect's driving pattern, their physical appearance, their performance on field sobriety tests and possibly the chemical test results.

North Carolina DWI law for the second prong, or "per se" charge, does not concern itself with how the individual was driving, how they appeared, how well or poorly they did on field sobriety tests or anything else other than the chemical test results. For purposes of this prong, the primary issue relates to blood or breath alcohol levels of .08% or higher. Current North Carolina law forbids the use of the roadside breath test for other than probable cause to arrest someone for drunk driving. This means that the roadside tests are not to be used to establish impairment or violation of the per se law.

Recent amendments to North Carolina DWI laws include laws that:

• Strengthens the open container law to prohibit anyone in motor vehicle from having open containers of beer or wine while in a public vehicular area.
• Strengthens the ignition-interlock requirement so that an offender will be required to have the alcohol-sensing device installed not just in his or her primary vehicle, but in all vehicles registered in his or her name.
• Establishes a blood alcohol content of 0.04 for those who have been convicted of a DWI and have had his or her license reinstated.
• Establishes a blood alcohol content of 0.00 for those who have been convicted of a second DWI and have had his or her license reinstated.
• Requires those who are convicted of having a blood alcohol level of .15 or greater to use an ignition interlock system in their vehicles before their license is restored.

DWI is a very serious charge in North Carolina. It is in your best interests now and later to obtain the best representation for you. The Dummit Law Firm will work tirelessly and vigorously to advocate your best interests from the initial charge all the way though a trial.