NC DUI questions

[Taper420]

What is the name of your state (only U.S. law)? NC

So my buddy was just picked up for DUI last night in NC. It is his first offense. He blew a .20... enough for it to be considered aggravated. He (by his own admission) failed the FST's and was breathalyzed twice on site. He was not breathalyzed/blood drawn at the station and was later released. Stop was legit, no accidents/injuries involved. He has a prior disorderly conduct and underage drinking from when he was 18 on his record in PA. He is now 23.

From what I've read, it'll be 1 year license suspension, interlock (for the high BAC),treatment classes, the whole nine.

Any advice on to what exactly will down? We're both from PA where there is a pre-trial diversion offered.

[FlyingRon]

Your "friend" is in a heap of trouble and needs a lawyer. There is nothing like PA's ARD here. Yep what you found is the MIMINUM. The judge will also likely give him a day or few in jail. Lots of discretion given to the judges. Any other aggravating factors other than high BAC (speeding or reckless citation? accident, reovked license?)?

[Taper420]

Really Ron, it's not me, so you can stop with the quotes. I've been there and done that in PA and haven't driven an inch after drinking an ounce. Could you elaborate on the penalties? No more factors - pretty straight forward stop and arrest.

[chrismiles]

Honestly, I don't get people around here. They drink, drive, get caught, blow a .2 and then want to know how they can get out of it. You are lucky you got caught or you might have killed some innocent person who obeys the law and doesn't cruise the town after downing a bottle of jack. The offender deserves jail time, deserves to pay fines, desreves to lose his licence. What do you expect, a do over? It don't happen, simple advice is don't drink and drive. It is completely avoidable.

[Taper420]

Originally Posted by chrismiles

Honestly, I don't get people around here. They drink, drive, get caught, blow a .2 and then want to know how they can get out of it. You are lucky you got caught or you might have killed some innocent person who obeys the law and doesn't cruise the town after downing a bottle of jack. The offender deserves jail time, deserves to pay fines, desreves to lose his licence. What do you expect, a do over? It don't happen, simple advice is don't drink and drive. It is completely avoidable.

Are you that thick that you didn't even bother to read the whole post? One, it's not me. Two, just looking to know the outcome here. Don't need your high and mighty judgment. No one was making any excuses or asking for a do over.

[IsabellaSoriano]

Originally Posted by Taper420

Really Ron, it's not me, so you can stop with the quotes. I've been there and done that in PA and haven't driven an inch after drinking an ounce. Could you elaborate on the penalties? No more factors - pretty straight forward stop and arrest.

no need to get snippy. ALOT of posters play the "it's not me" card. personally, i don't ask anyone to find out anything for me. i find out my own problems on my own.

but here is a great link for your friend to find out if he is really worried about himself.

[url=http://criminal-law.freeadvice.com/drunk_driving/north-carolina-dui.htm]North Carolina DUI/DWI Fines & Sentencing[/url]

[dave33]

I find it odd that they did not test him at the station. Usually the field tests are used for probable cause. I would consult an attorney for sure and find out specific laws. The field tests are not considered as reliable as the ones in the station, and would be looking to get a simple d.w.i. goodluck.

[Yertle8]

Originally Posted by chrismiles

Honestly, I don't get people around here. They drink, drive, get caught, blow a .2 and then want to know how they can get out of it. You are lucky you got caught or you might have killed some innocent person who obeys the law and doesn't cruise the town after downing a bottle of jack. The offender deserves jail time, deserves to pay fines, desreves to lose his licence. What do you expect, a do over? It don't happen, simple advice is don't drink and drive. It is completely avoidable.

Get out of it? I'm sorry, maybe you're under the assumption that the right to counsel only applies when you're innocent. Please step out of the fairy tale land where all guilty people throw themselves on the mercy of the court and aren't worried about defending themselves.