There has been a lot of discussion among law makers in North Carolina about toughening up our state’s DWI laws. The opinions are split as to how tough North Carolina’s DWI laws are already. One side of the argument is that those who drive intoxicated need to face stiffer penalties than what is already enforced in order to further deter potential offenders. The other side of the argument is that the DWI laws in North Carolina are already among the strictest in the nation and to add additional consequences would be over reaching what the NC Constitution allows versus the other states DWI laws. The laws regarding DWI can get complex depending on what factors are involved in a particular case, so here I just look at first offense DWI.
In North Carolina currently a first time DWI offender faces license suspension for a year along with fines up to $1000 and may receive up to a six-month jail time or community service.
In our neighboring state South Carolina those charged with DWI face an driver’s license suspension of 6 months and fines up to $1000 along with anywhere from 30 days of community service to three months in jail. Also if we look right above us in Virginia a first time DWI offender faces up to one-year in jail along with loss of driving privileges for one year and up to $2500 in fines.
The punishment served for a DWI in Virginia does vary greatly depending on what BAC the driver had at the time of the offense. If you look at other states such as Georgia and Florida who are known for having strict DWI laws have a very similar punishment structure as that of North Carolina.
Essentially looking at other states that are known to have very strict DWI laws they are very similar to what is already in place in North Carolina. In the debate as to how strict North Carolina’s DWI laws I would argue that North Carolina already has a strict punishment structure in place, especially when comparing it to other states. However, only time will tell if law makers will come to the same conclusion.
If you find yourself in a situation in which you have been charged with a DWI in North Carolina you need to hire an attorney who knows and understands complex DWI law.