For anyone who has been charged with North Carolina Driving While Intoxicated, they quickly realize there are many, many different facets to their case, their responsibilities, their consequences. As a Raleigh DUI Attorney and Raleigh DWI Lawyer, I have made it my passion to learn everything there is to know about DWI Defense North Carolina, North Carolina DWI Statutes, and Successful Trial Tactics. A part of this study includes spending countless hours observing in court as cases are processed through the North Carolina Judicial System. One case I recently observed caught my attention and is what is leading me to write this article. The following will explain why it is so important to resolve North Carolina Driver License Revocations as soon as possible.
The case in question dealt with a repeat DWI offender. This Defendant, in court as a result of a North Carolina DWI Arrest, had a prior DWI on their record. And though the prior DWI included, as a part of it's sentencing, a suspension of the Driver's License, the Defendant's license was previously suspended for matters not related to a North Carolina DWI Charge.
This is extremely important as one of the four Grossly Aggravating Factors, which will lead to sentences at the top three levels of sentencing (all of which carry with them mandatory minimum jail sentences) is have a revoked license at the time of the DWI stop and the revocation is related to a prior DWI charge.
Now, in this Defendant's case, their Attorney tried (unsuccessfully) to argue to the Judge that, though the Defendant's license was suspended at the time of the recent DWI Arrest, and the Defendant had a prior DWI conviction for which she never got a license, that the Defendant's license had actually been suspended for a long period prior to their first DWI charge, and that suspension was not related to a DWI Charge. So, basically, the Raleigh DWI Defense Attorney was arguing that, the Defendant's license was not eligible to be reinstated at the time the suspension period had expired from the first DWI conviction and therefore the current revocation (during the most recent DWI) was not as a result of a prior DWI and therefore should not be considered a Grossly Aggravating Factor. The Judge disagreed and the Defendant was sentenced to jail.
So, it is very important to resolve all license suspension matters as soon as possible for many reasons. But if the license was suspended due to a prior DWI conviction, then the Defendant is risking an active jail sentence any time they drive after having knocked back a few.
For advice on your particular case, speak with a local DWI Attorney North Carolina about you case.
Disclaimer - Information and advice offered in this article is for informational and educational purposes only and is specific to North Carolina law. The viewing, receipt and/or exchange of information from this article does not constitute an Attorney-Client Relationship. For assistance regarding your particular legal question speak with an Attorney practicing in the field from which your questions derives.