The DWI consequences for driving under the influence of drugs or alcohol vary from state to state. However, it is illegal in all fifty states to operate a vehicle (or boat) with a blood-alcohol level higher than 0.08. If you are charged with a DWI or DUI, several factors can affect what type of consequences you receive. Some factors might reduce your fines and jail time while aggravating and grossly aggravating factors can land you in even more trouble. If you are facing a DWI charge, you’ll want to contact an experienced attorney as soon as possible. They can help you understand your rights and help you navigate your hearing.
DWI Consequences in North Carolina: Drinking While Intoxicated and Drinking Under the Influence
Determining Guilt
All states recognize the “legal limit” of drinking is 0.08 BAC. This stands for blood-alcohol content, and it’s the amount of alcohol that your body absorbs when you drink. To test this, police officers might use a breathalyzer roadside, or might perform a blood test. If the alcohol content in your body is above 0.08 while driving then you will likely be charged with a DWI. Your DWI consequences will depend on several factors.
Mitigating Factors
Mitigating factors can help reduce your DWI consequences like reduced jail time or fines. For example, you might be able to take part in an alcohol or drug treatment plan to reduce your sentence. In addition, if you have an otherwise clean driving record, or a BAC no higher than 0.09 it can mean less trouble as well. Several other factors can lessen your punishment.
Aggravating Factors
While there are mitigating factors that can reduce your DWI consequences, there are also aggravating factors that can make them worse. For example, if your driving was reckless or if you caused a car accident. In addition, you might land in more trouble if your BAC was .15 or higher. Or if you are driving without a license. Police can also charge you with aggravating factors if you are uncooperative, like if you speed to evade arrest.
Grossly Aggravating Factors
Finally, some factors are considered grossly aggravating that can worsen your DWI consequences. For example, if you are driving with a minor in the car, you might receive more jail time or higher fines. In addition, if you are driving after losing your license because of previous DWI charges, you’ll be in more trouble. Causing a severe car accident that injures people is also a grossly aggravating factor in some cases. Repeat offenders will receive higher jail times and fines than first offenders in most cases.
The DWI consequences vary from state to state, however, it is illegal to drive a car or other vehicle under the influence in every state. To determine if you are over the legal limit, the police might use a breathalyzer or blood draw. This determines the amount of alcohol in your bloodstream, otherwise known as your BAC. If you get a DWI charge, several factors can mitigate or reduce your punishment. However, there are also aggravating or grossly aggravating factors that can increase your fines and jail time. To make sure that you have the best representation possible, contact an experienced DWI attorney to help you make your case.
