I live in NC.
I got charged with DUI and an open container a few nights ago.
I blew a .18
I was taken to the station, got my paperwork filled out, and signed for a $120charge for the container and $100 for the DUI.
Should I get an attourney?
Can I be charged with any other fees?
My father says that we just show up to court, pay the fees, and I get my license back. My co-workers say the judge can slam you with all other kinds of fees. I just dont want to spend money on an attourney if I'm not being forced to pay for anything else.
First North Carolina DUI/DWI Offense:
North Carolina Criminal Status: Misdemeanor.
Jail: There are five sentencing levels for DWI's, ranging from Level 1, the most serious, to Level 5, the least serious. The sentencing level is determined by the judge based on "factors" such as prior DWI's, whether or not your license was revoked for DWI, the breathalyzer reading, whether you obtained a substance abuse assessment prior to court, if a child under 16 was in the car, and your driving record. Jail time is:
* Level 5: 24 hours to 60 days
* Level 4: 48 hours to 120 days
* Level 3: 72 hours to 6 months
* Level 2: 7 days to 1 year •
* Level 1: 30 days to 2 years
North Carolina DUI/DWI Fines/Costs: There are five sentencing levels for DWI's, ranging from Level 1, the most serious, to level 5, the least serious. The sentencing level is determined by the judge based on "factors" such as prior DWI's, whether or not your license was revoked for DWI, the breathalyzer reading, whether you obtained a substance abuse assessment prior to court, and your driving record. Fines for the levels are:
* Level 5 – not more than $200
* Level 4 – not more than $500
* Level 3 – not more than $1,000
* Level 2 – not more than $2,000
* Level 1 – not more than $4,000
There are no mandatory minimums.
North Carolina License Suspension: Generally, 6 months to one year at the court’s discretion.
Violation of Zero Tolerance Law: Class 2 misdemeanor and one year license suspension. Treated as a “traditional” DUI for all other purposes under North Carolina’s “level” punishment system and DUI school requirements.
North Carolina Conditional License: Limited driving privileges may be granted after 10 days of the 30-day pre-trial revocation if drivers do not have a prior conviction for an offense involving "impaired driving" and they agree to participate in a substance abuse training or treatment program.
After conviction, limited driving privileges may be issued at the discretion of the court if an offender is not punished at either Level 1 or 2, did not refuse the implied consent test and has agreed to participate in substance abuse training or treatment. Under separate provisions, if an offender refused the implied consent test and has not had a previous test refusal or DWI conviction within 7 years, a limited driving privilege license may be issued after a 6 month revocation period.
Note: After an offender’s license has been restored, a restriction is placed on the license prohibiting driving with a BAC level at or above .04 for a 1st restoration and with any alcohol in the system for a 2nd or subsequent restoration. These restrictions are in effect for 3 years unless the offender’s license was permanently revoked but could be restored. The restriction appears on the back of the driver’s license and is in the driver’s license record. A violation of the restriction is an implied consent offense. A violation of the restriction will result in at least a 1-year revocation.
Vehicle Impound: Yes. Up to 10 days and offender must pay impound fees.
North Carolina DUI/DWI School: North Carolina requires attendance at alcohol safety school and/or substance abuse treatment for all DUI convictions. Alcohol and Drug Education Traffic School (ADETS) is the level you are assigned to if you have never had a DWI or drinking and driving offense, had a Breathalyzer reading of .14 or less, did not refuse the Breathalyzer, and the you initial assessment does not find an alcohol or drug abuse problem. ADETS is a 10-hour program with a cost of approximately $75.00. Check with the Department of Transportation for a list of approved DUI//DWI schools.
North Carolina Probation: Probation is possible depending on the judge and individual circumstances.
North Carolina Community Service: Community service may be used in lieu of incarceration for Level 3, 4, or 5. It is used at the discretion of the court for Level 1 or 2. Depending upon the level of conviction, community service of between 24 – 72 hours may be imposed and must be completed within a specific time period.
