DWI law changes regularly in North Carolina. Unfortunately, almost all new laws only make our DWI harsher. For example, the minimum BAC level, or “legal limit” used to be 0.15. Subsequently, it was reduced to 0.10. And now, the national standard is 0.08. Because federal highway funding requires the 0.08 standard, all States “adopt” it as their law. Furthermore, there is a current push to reduce the legal limit again to 0.05. While this new proposed change may or may not happen, the current level will remain. That is for certain.
DWI Law Changes Coming
Every year, new bills are introduced to “toughen” our already harsh DWI laws. Seems like legislators cannot leave well enough alone. Ironically, North Carolina DWI laws are already some of the harshest in the country. And many DUI defense lawyers, including me, think they are unfairly rigged in the State’s favor. Nevertheless, lawmakers continue in the quest to be the harshest.
Potential DWI Law Changes
For example, one new law makes it easier to now get charged with Habitual DWI, a felony. Consequently, a third DWI offense within ten (10) years, unlike the current rule of four, would be enough. In addition, another proposed law would change the current 0.04 restriction to 0.00 after restoration of license. As a result of this zero tolerance policy, ignition interlock technology would have to improve. Otherwise, any margin of error would register a “failed” violation. Hence the saying “throwing the baby out with the bath water.” Rather than solving a problem, this new law could actually create new ones. Oh well, I’m sure they mean well.
Not surprisingly, there are never new laws that actually help those accused. Instead, it is always something more punitive. Maybe lawmakers think they will appear “soft on crime” if they make the laws fair. In addition, let’s not forget the secondary financial gain associated with DWI arrests. Seems like everyone wants some of those DUI dollars. In fact, counties and cities feel the pinch when DUI arrests are down. Yet all we ask is fairness for those poor souls who dare to drink and then drive. While other criminals can refuse to cooperate, DWI suspects cannot. For if they do, they lose their license for 1 year. Immediately. Before trial or convicted. That’s right. All for having a glass of wine at dinner or a beer at the game. So be careful. It can happen quickly. Even to you. Call now to learn more.
