Pulled Over For DWI in Winston Salem? Here’s What You Need to Do

In North Carolina, driving under the influence is officially charged as driving while impaired (DWI). Drunk driving is strictly prohibited in North Carolina. No matter how impaired you are, having a blood alcohol concentration (BAC) of 0.08 percent gives Officers probable cause. A first offense may carry fines, time in jail, and other consequences.

The Dos and Don’ts of Being Pulled Over for a DWI in Winston Salem, North Carolina

The police in North Carolina cannot arbitrarily stop you if they suspect you of operating a vehicle while intoxicated. They require justification for the initial stop, known as “reasonable suspicion.” To support a traffic stop, officers search for signs or behaviors of intoxication. Speeding, swerving, or failing to signal are some initial warning signs. When the policeman approaches your automobile, they’ll be searching for more signs of intoxication.

Don’t submit to a field Sobriety Test.

You have the right to decline a field sobriety test. It’s likely that you will fail these tests even if you haven’t had a drop to drink. By submitting to these tests, you may provide the police officer with further evidence that you were impaired.

Don’t submit to a portable Breathalyzer Test.

Additionally, you are not needed to submit to a PBT or portable breath test. These tests are frequently unreliable. You will probably be taken into custody by the police, but they won’t have as much strong evidence against you.

Do get tested at the Police Station.

After you have been arrested, a police officer will take you to the police station and request that you undergo a breathalyzer test there. If you’re escorted to the hospital, the policeman will ask you if you’re okay with having your blood collected. These examinations will reveal your alcohol concentration, which the prosecution will utilize against you in court.

You have the option to refuse these tests, but if you do, the police officer will often obtain a search warrant and then force you to produce a sample. Your driver’s license will also be suspended for a year if you refuse.

​​North Carolina DWI implied Consent Law

There is an implied consent statute in North Carolina. This means that all drivers who are legally stopped for driving while intoxicated or impaired must submit to chemical testing, including blood tests and breathalyzers, to assess their blood alcohol levels.

DWI Law in Winston-Salem, North Carolina

The offense of Driving While Impaired (DWI), as defined by North Carolina General Statute (NCGS) 20-138.1, happens whenever a person drives any vehicle on a street, highway, or other public space:

• After ingesting enough alcohol to reach a blood alcohol concentration (BAC) of.08 or higher,
• While under the influence of an impairing substance, or
• If you have any detectable levels of a restricted substance in your blood or urine.

Driving While Intoxicated is a misdemeanor with six different categories. The severity levels go from Level A1 to Level V. Below are the penalties attached.

Level V:

• A fine of up to $200
• A minimum of 24 hours in jail, with a maximum of 60 days.
• If suspended, special probation requires 24 hours in jail, completion of 24 hours of community service, or not operating a vehicle for 30 days, the judge can suspend the punishment.

Level IV:

• A fine of up to $500
• A minimum of 48 hours in jail, with a maximum term of 120 days.
• 48 hours in jail, 48 hours of community service, or not operating a vehicle for 60 days before the judge may suspend the punishment.

Level III:

• A fine of up to $1,000
• A prison term of between 72 hours and six months.
• The motorist must serve 72 hours in jail, do 72 hours of community service, or not operate a vehicle for 90 days before the judge may suspend the punishment.

Level II:

• A fine of up to $2,000
• A jail term of seven days to a year.
• If suspended, special probation requires the Driver must be imprisoned for at least 7 days or have alcohol abstinence & CAM for at least 90 days.
• Obtain a substance abuse assessment and education or treatment.

Level I:

• A fine of up to $4,000
• A jail term between 30 days and two years.
• If suspended, special probation requires imprisonment for at least 30 days or imprisoned for at least 10 days and alcohol abstinence & CAM for at least 120 days.
• Obtain a substance abuse assessment and education or treatment.

The following factors determine the charge laid against you:

• DWI convictions in the past.
• If your blood alcohol concentration (BAC) was more than 0.15 percent.
• Whether there was anyone in the vehicle under the age of 16.
• Whether you had a license that was revoked or suspended.
• Whether there were serious injuries.

Aggravated Level One:

• Fine up to $10,000
• Jail term of one year to three years.
• If suspended, special probation requires imprisonment of at least 120 days; Must abstain from alcohol consumption for a minimum of 120 days, as verified by CAM; Obtain a substance abuse assessment and education or treatment.

A skilled criminal defense lawyer from McMinn, Logan & Gray will have dealt with cases similar to yours in the past and will be aware of how to lessen the impact of any errors you may have made. We serve clients in Winston Salem and the surrounding area of North Carolina and also provide free consultations. Call or come into our Office and speak with us as soon as possible. We are ready to provide you with a strong defense.