Alamance County DWI Lawyer

DWI Attorney in Alamance County, NC

Being charged with Driving While Impaired (DWI) in North Carolina can be a difficult, not to mention costly, experience. Even for the lowest punishment level, you might face jail time, hefty penalties, and court expenses. In North Carolina, a DWI conviction can lead to significant penalties, including fines, jail time, and a permanent criminal record. You might also lose your driving privileges and experience insurance increases, which could add to the financial strain of a conviction.

Even if this is your first DWI offense, you could be facing harsh penalties and long-term consequences. Our experienced attorneys have successfully defended clients against felony and misdemeanor DWI charges. We understand that the outcome of your case can have a lasting impact on your life, and we're committed to helping you minimize those consequences. If you were arrested for DWI while on probation, the consequences could be even more severe, as additional penalties may be imposed for violating the terms of your probation.

Depending on the specifics of your case, a conviction could lead to additional charges, such as reckless driving or other traffic violations. These additional charges can complicate your defense and lead to more severe penalties. That's why it's crucial to have a legal advocate on your side who understands the complexities of DWI cases and can help you navigate the legal system effectively.

A DWI can severely impact your driving score and could be held against you by potential employers, insurance companies, and others. It is essential to consult a DWI experienced lawyer before pleading guilty, as this can make the situation worse for you.

Arlind Kastrati Law in Alamance County, NC, is an experienced DWI experienced lawyer who understands the impact of a DWI. Therefore, attorney Arlind Kastrati ensures that your rights are protected, and you receive the best outcome.

DWI sentencing and punishment in North Carolina

DWI Sentencing and Punishment in North Carolina

When you have been convicted of DWI, the judge determines the appropriate sentence and punishment based on multiple factors, including aggravating and grossly aggravating factors. Here are the different levels of punishment for DWI in North Carolina:

  • Level V: A fine of a maximum of $200 and up to 60 days of jail time, depending on the circumstances. The sentence could be suspended, but the driver would still have to spend 24 hours in jail or do 24 hours of community service.
  • Level IV: A fine of a maximum of $500 and up to 120 days of jail time, depending on the circumstances. The sentence could be suspended, but the driver would still have to spend 48 hours in jail or do 48 hours of community service.
  • Level III: A fine of a maximum of $1,000 and up to six months of jail time, depending on the circumstances. The sentence could be suspended, but the driver would still have to spend 72 hours in jail or do 72 hours of community service.
  • Level II: A fine of a maximum of $2,000 and a minimum of one week to up to a year of jail time, depending on the circumstances. The 7 Day minimum may be avoided with certain mitigating factors such as substance abuse treatment, alcohol monitor, and community service.
  • Level I: A fine of a maximum of $3,000 and a minimum of one month to up to two years of jail time, depending on the circumstances. The 30 Day Minimum could be reduced to 10 days with certain mitigating factors.
  • Aggravated Level 1: The highest DWI punishment which could require a minimum of 12 months in jail and maximum of 3 years.

Related: Can You Avoid Jail Time After Violating Probation in North Carolina?


Understanding Aggravating Factors and Grossly Aggravating Factors

Aggravating factors could include:

  • Reckless driving
  • Causing car wreck
  • Eluding police or evading arrest
  • Speeding over the limit
  • Speeding past school buses picking up or discharging students

Grossly aggravating factors typically include driving with a minor in the vehicle, driving while your license is still revoked due to a previous DWI conviction, having a DWI conviction in the last 7 years, and an accident involving serious injury.

For three or more “grossly” aggravating factors, there is up to a $10,000 fine and a minimum of one year to a maximum of three years of jail time. The driver must also undergo an assessment for substance abuse and get the recommended treatment to get their license restored.

Limited Driving Privileges:

Even with a DWI conviction you may still be entitled to a limited driving privilege which may allow you to have driving privileges for work, school, and even religious purposes. The timing, different factors, and other issues will determine your eligibility.

Consult a DWI Lawyer in Graham, NC

Getting arrested on charges of DWI means the steps you take afterward can significantly affect your future. Considering the severe consequences of a DWI charge, having a knowledgeable and DWI-experienced lawyer defending you is integral. Arlind Kastrati Law can ensure you are represented by an attorney who is knowledgeable and who can help you understand the process and walk you through the next steps while creating a good strategy. Call us to book your initial consultation to discuss your charges for DWI.

Frequently Asked Questions

What should I look for in a DWI attorney in Alamance County, NC?

When choosing a DWI attorney in Alamance County, NC, focus on their experience and expertise in DWI defense. Consider the attorney's reputation, checking reviews and client feedback. Assess their track record and success rate with similar cases. Prioritize clear communication, ensuring the attorney keeps you informed and understands your concerns. Additionally, you might consult specialized resources like those provided on Kastrati Law's DWI defense page for tailored advice.

What are the potential penalties for a DWI conviction in Alamance County, NC?

The penalties for a DWI conviction in Alamance County, NC, can vary widely based on the severity of the offense and whether it is a first or subsequent conviction. Potential penalties include fines, jail time, license suspension, and mandatory alcohol education or treatment programs. The specific circumstances of the case, such as the driver’s blood alcohol content and any prior DWI convictions, can significantly influence the severity of the penalties. A DWI attorney can help you understand the potential consequences and work to mitigate them.

Can a DWI attorney in Alamance County, NC, help me keep my driver's license?

Yes, a DWI attorney in Alamance County, NC, can assist in efforts to retain your driver's license following a DWI charge. They can help you navigate the legal options available, such as challenging the DWI charge, negotiating lesser penalties, or applying for limited driving privileges under specific conditions. An experienced DWI attorney will understand the local court system and DMV regulations, which can be crucial in formulating a defense strategy that aims to minimize the impact on your driving privileges.

What is the 30 day civil revocation after a DWI arrest, and can I get a pretrial limited driving privilege?

A civil license revocation can be entered at your initial appearance if statutory criteria are met, and it lasts at least 30 days. You must surrender your license, and the revocation remains until you pay the restoration fee after the 30th day. You can request a quick review hearing, but the revocation usually stays in place during that review. After 10 days, many drivers become eligible to petition for a limited driving privilege if they complete a substance use assessment and meet other requirements. This pretrial privilege is separate from your criminal case and is issued by a district court judge where the charge is pending. North Carolina’s rules are set in G.S. 20-16.5 and explained by the UNC School of Government.

Will I have to install an ignition interlock device to drive, and what recent changes should I know about?

Ignition interlock may be required after certain DWI convictions or as a condition of a limited driving privilege. North Carolina ties interlock requirements to statutes that include G.S. 20-17.8 and G.S. 20-179.3. The DMV provides public guidance on when interlock is mandatory and how restrictions appear on your license. Recent legislation updated how interlock violations near the end of a privilege period extend the time you must remain violation-free before removal. Courts and the DMV apply these rules when issuing or monitoring privileges. See the DMV’s interlock page and the UNC School of Government’s 2024 update.

What happens if I refuse a breath or blood test under North Carolina’s implied consent laws?

Refusing a chemical test triggers an immediate civil license revocation and a separate minimum one year revocation by the DMV. The implied consent statute authorizes mandatory revocation upon a willful refusal. Test results that follow proper procedures are admissible, and the fact of refusal may also be used in proceedings. Civil revocation procedures operate independently of the criminal charge. You may seek limited privileges later depending on eligibility and other requirements. The DMV and state statutes outline these consequences in detail.

How can I get legal help for a DWI charge in Alamance County, NC?

To get legal help for a DWI charge in Alamance County, NC, you can start by consulting a specialized DWI defense attorney. Look for lawyers with experience in handling DWI cases in the local area, such as at Kastrati Law. It's also advisable to schedule a consultation to discuss your case specifics, review your legal options, and understand the potential consequences. An experienced attorney will guide you through the legal process, aiming to mitigate penalties and protect your driving privileges. Please reach out to us for more comprehensive details about your case.

Additional Information in Alamance County, NC

  • North Carolina Department of Public Safety - Driving and Alcohol: Outlines the legal limits and penalties for DWI offenses. It specifies the alcohol concentration thresholds and details the increased severity of penalties for repeat offenders or those involved in serious incidents. The site explains the different levels of misdemeanor DWI, from Level V, which is the least severe, to Level I, the most severe. Each level has specific fines, jail time, and other penalties like community service or driving restrictions. This resource can be highly beneficial in a DWI case by providing detailed legal information and what to expect in terms of penalties.
  • U.S. Department of Transportation - Impaired Driving Laws, Enforcement and Prevention: Details the legal definitions, consequences, and strategies for reducing alcohol-impaired driving. It emphasizes the dangers associated with driving under the influence, with a focus on public safety measures like sobriety checkpoints and ignition interlock systems. The page also highlights effective public awareness campaigns aimed at deterring impaired driving. This resource can be beneficial in a DWI case by providing insights into national enforcement strategies and legal frameworks, which can help in understanding broader legal implications and defense strategies.
  • North Carolina Division of Motor Vehicles - Driving While Impaired: Outlines the penalties for DWI offenses in North Carolina, detailing the suspension lengths for different offenses, ranging from one year for a first offense to a permanent revocation for multiple offenses. It also explains the additional revocation for refusing chemical tests. The site provides statutory references for these penalties and discusses the process for license restoration, which requires completing a state-approved substance use assessment. This resource is useful in a DWI case by clearly laying out the legal repercussions of impaired driving and the steps for regaining driving privileges.

testimonials

  • Carmon Chandler
    Arlind was my primary attorney during my entire case. Arlind was professional and showed so much kindness towards me and was prepared to deal with anything to win his case.
    Arlind I cannot THANK YOU enough for all your support and professionalism during this difficult time. Arlind you care about your clients not to mention being beyond intelligent. If you need an excellent lawyer … he is your man! You won’t be disappointed. Arlind you are the best!!!
  • Z. Kaba

    Arlind did a phenomenal job. He went above and beyond and really fought hard to get me the result I was looking for. You truly won't be disappointed working with Arlind, he's an intelligent professional who goes the extra mile for his clients.
  • Jessica Marquina
    A big thank you to Attorney Arlind Kastrati for getting my speeding ticket dismissed!! Attorney Kastrati was instrumental in making this happen and saved me much money out the window for increased insurance premiums as well as fines and court cost. He also assisted another family member for a similar traffic violation that also got dismissed and he was very thankful too! I would highly recommend this firm for traffic violations.
  • Jonah Melton
    I had the pleasure of working with Attorney Kastrati throughout my case. Mr Kastrati was very personable, understanding, and genuine throughout the entire process.

  • Joshua Crippen
    Excellent service! My attorney Arlind Kastrati took great care of my cases and has given me the chance to get my life back on track. I am very grateful for the work he has done for me!
  • David Troutman
    I recently retained Atty Arlind Kastrati for a DWI and it wasn't my first or even my second one so I was definitely looking at some serious jail time if I was convicted. Mr. Kastrati assured me from the very beginning that he was gonna do everything in his power to get the very best outcome for me. Mr. Kastrati got me a NOT GUILTY verdict. Most lawyers will take your money go get you some kind of plea bargain and convince you that that is the best you're gonna be able to get. They really do care about doing the very best job they can do for their clients. Thanks again Arlind Kastrati for the great job.

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