- North Carolina DUI Law | What are Secondary Effects of an N.C. DUI Conviction?
- September 27, 2012
- Law Firm: Matheson Law Office PLLC - Raleigh Office
- North Carolina DUI Charge. As a practicing Raleigh DWI Lawyer and Raleigh Traffic Attorney, I have handled many NC DWI Cases and spent countless hours working with clients on dealing with all of the effects which come from a DWI. While many people who receive these charges understand that, with a NC DWI conviction, comes costs, fines, and points on your license, many do not realize some of the added, more subtle requirements which can come with them. This article will cover some of the basic secondary effects from these convictions to better prepare a person facing a North Carolina DUI Charge.
The first one which comes up A LOT in traffic court is the suspension of Driving Privileges. All DWI convictions carry with it a suspension of the Driver's license. For most, the suspension period is for one year, but for those sentenced in the higher ranges, and/or are repeat offenders, they could face extended suspension periods. Though the fact that the Driver loses their license for a period of time may seem like common sense, a lot of people don't take into consideration what effect this will have on their lives. It is very hard not to drive in this day and age. Though many people have the option to secure a Limited Driving Privilege, some either elect not to. Additionally, others just let the conviction go without handling all of the requirements (i.e. Substance Abuse Assessment, fines, fees, etc.) which will prevent them from getting their license, even if it is past their suspension period. I explain all of this because if caught driving, the Driver will be charged with NC Driving While License Revoked. DWLR's are a very serious charge, they are a class 1 Misdemeanor (Class 1A is the only higher North Carolina Misdemeanor), and carry with them a 1 year suspension of the Defendant's driving privileges for their first conviction, 2 years for second conviction and permanent suspension for 3rd and subsequent convictions. Eventually, the Defendant will start getting jail time for these offenses. Also of note, some counties are not inclined to reduce a DWLR down to a No Operator's License charge when the DWLR is related to a DWI charge (Wake county is one of those counties).
Another effect is community service. The Defendant convicted of a level 3, 4, or 5 will be required to perform community service or serve jail time (in all instances I have seen, the Judge allows the Defendant to elect which they would rather, though theoretically it is Judge's discretion). In addition to the community service, there is a $250 fee that goes with that for the court personal to track the community service the Defendant performs.
Another effect is the requirement of an Interlock Device for those with a blood/alcohol of.15 or above. This can be a very frustrating experience as the device is not easy to use, prone to failure and is very costly.
Lastly, some counties where in individual is convicted of violating the DWI charge in North Carolina may require some attendance to classes and/or meetings. For example, in Durham County, a DWI conviction requires the Defendant to attend one meeting with a group of people affected by DWI crimes, including victims of accidents and/or their family.
Though many things come with a DWI conviction in North Carolina, it is important to understand them all so that there are no surprises should you be convicted. If you are facing a DWI Charge, contact a local DWI Defense Lawyer in your area for an explanation of the charge and all of your opportunities/requirements. If you received the DWI Charge in Wake County, contact M. Moseley Matheson with the Matheson Law Office at 919-335-5291 for a free consultation.
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.">