Attorney
You should not admit to a DWI in North Carolina without first seeking legal advice. Pleading guilty speeds up the legal process, but at a cost. Pleading guilty guarantees a DWI conviction. Fighting a DWI charge preserves your legal rights and allows a Hendersonville DWI attorney to seek a dismissal, acquittal, alternative sentencing, or fair plea deal. This blog discusses the risks of admitting to a DWI and why you should fight a DWI in North Carolina.
Understanding Driving While Impaired (DWI) Laws in North Carolina
DWI (driving while impaired) is the term used in North Carolina law for drunk driving. A person may be charged with DWI if they operate a vehicle:
- While under the influence of an impairing substance;
- Has a blood alcohol content (BAC) above the legal limit (0.08 for most drivers); or,
- With any amount of a Schedule I controlled substance in their system.
You do not need to have a BAC above the legal limit to be arrested and convicted for impaired driving. If the alcohol or drugs in your system impair your ability to drive, you can face DWI charges.
Legal Consequences of a DWI Conviction in North Carolina
Being convicted of DWI in Hendersonville or Columbus has severe consequences. A DWI conviction results in a minimum driver’s license suspension for one year. Subsequent offenses increase the length of the suspension and can result in permanent revocation of your driving privileges.
In addition to losing your diving privileges, DWI convictions can also result in:
- Significant fines
- Jail time
- Installation of an ignition interlock device
- Substance abuse assessment and treatment
- Court costs
In addition to potential criminal penalties, a criminal record can have a lasting impact on other areas of your life. DWIs increase insurance premiums and could negatively impact some professional licenses.
Should You Admit to a DWI in Hendersonville, NC?
Pleading guilty or no contest to a DWI means that you admit you were breaking the law. You are telling the court that you surrender your right to challenge the charges against you.
Risks of admitting to a DWI in North Carolina include:
- Mandatory penalties – Admitting guilt leads directly to sentencing, often including jail time, license suspension, substantial fines, and other penalties.
- Permanent criminal record – A guilty plea is the same as a conviction at trial. You have a permanent criminal record that could impact future job opportunities and other aspects of your life.
- Waiver of rights – You give up your constitutional rights to a trial when you plead guilty to DWI.
Pleading not guilty at an arraignment allows you to challenge your DWI charges. You may have strong defenses based on the circumstances of your case, including challenging an illegal stop, improper field sobriety tests, and faulty chemical BAC tests. An NC DWI attorney can help you explore alternative sentencing that may help you avoid jail and other penalties. If you must plead guilty, your attorney aggressively negotiates a plea deal to minimize the penalties.
Final Thoughts: Protecting Your Rights and Future
It is not in your best interest to admit to DWI without first consulting an experienced Hendersonville criminal defense lawyer. A lawyer can explain the benefits of fighting a DWI and whether it is legally viable in your case. Understanding your legal options allows you to make informed decisions. Contact Sheffron Law Firm to schedule a consultation with our Hendersonville DWI attorney.