DUI NORTH CAROLINA DEFENSE LAWYERS
Driving under the influence of alcohol commonly referred to as DUI (driving while intoxicated, drunk driving, operating under the influence, drinking and driving, drink-driving, “‘impaired driving’”) or other drugs, is the act of operating a vehicle (including bicycle, boat, airplane, wheelchair, tractor or horse) after consuming alcohol or other drugs. It is a criminal offense in North Carolina.
Have you been charged with a DUI in North Carolina?
Are you facing a DUI charge in North Carolina?
How your case is handled may make all the difference in world as to how your life progresses from this potentially traumatic event. Don’t let someone who will not keep you informed as to the status of your case keep you in the dark. The relationship you have with your attorney during this very difficult period can have a substantial impact on your mental health. You need and deserve a lawyer who is looking out for you.
You want a lawyer who will take the time to sit down with you and explain the process and why a particular strategy is being used. You want a lawyer who will listen to you and keep your best interests at heart.
If you need help to defend yourself against a DUI charge in North Carolina, then contact the SRIS Law Group North Carolina DUI defense lawyers for help.
How can a SRIS Law Group lawyer help you?
First and foremost, we will discuss your case with you. We will explain to you the different options you have and the pros and cons of each option. We do not require clients to come in and sit down and talk with us. Certainly, our clients are welcome to come in and talk with us. However, we understand that clients are very busy and may not have the time to come to the office. Therefore, we allow clients to consult with us by phone first and let the clients decide whether they need to come in and meet with their attorney. To learn more about how a SRIS Law Group can help you, please call us at 888-437-7747 and speak with a lawyer the same day.
Our North Carolina DUI defense attorneys will do their best to help you.
- North Carolina General Statutes § 20 138.1. Impaired driving.
(a) Offense. – A person commits the offense of impaired driving if he drives any vehicle upon any highway, any street, or any public vehicular area within this State:
(1) While under the influence of an impairing substance; or
(2) After having consumed sufficient alcohol that he has, at any relevant time after the driving, an alcohol concentration of 0.08 or more. The results of a chemical analysis shall be deemed sufficient evidence to prove a person’s alcohol concentration; or
(3) With any amount of a Schedule I controlled substance, as listed in G.S. 90 89, or its metabolites in his blood or urine.
(a1) A person who has submitted to a chemical analysis of a blood sample, pursuant to G.S. 20 139.1(d), may use the result in rebuttal as evidence that the person did not have, at a relevant time after driving, an alcohol concentration of 0.08 or more.
(b) Defense Precluded. – The fact that a person charged with violating this section is or has been legally entitled to use alcohol or a drug is not a defense to a charge under this section.
(b1) Defense Allowed. – Nothing in this section shall preclude a person from asserting that a chemical analysis result is inadmissible pursuant to G.S. 20 139.1(b2).
(c) Pleading. – In any prosecution for impaired driving, the pleading is sufficient if it states the time and place of the alleged offense in the usual form and charges that the defendant drove a vehicle on a highway or public vehicular area while subject to an impairing substance.
(d) Sentencing Hearing and Punishment. – Impaired driving as defined in this section is a misdemeanor. Upon conviction of a defendant of impaired driving, the presiding judge shall hold a sentencing hearing and impose punishment in accordance with G.S. 20 179.
(e) Exception. – Notwithstanding the definition of “vehicle” pursuant to G.S. 20 4.01(49), for purposes of this section the word “vehicle” does not include a horse. (1983, c. 435, s. 24; 1989, c. 711, s. 2; 1993, c. 285, s. 1; 2006 253, s. 9.)
- North Carolina General Statutes § 20-138.5 Habitual impaired driving
(a) A person commits the offense of habitual impaired driving if he drives while impaired as defined in G.S. 20‑138.1 and has been convicted of three or more offenses involving impaired driving as defined in G.S. 20‑4.01(24a) within 10 years of the date of this offense.
(b) A person convicted of violating this section shall be punished as a Class F felon and shall be sentenced to a minimum active term of not less than 12 months of imprisonment, which shall not be suspended. Sentences imposed under this subsection shall run consecutively with and shall commence at the expiration of any sentence being served.
(c) An offense under this section is an implied consent offense subject to the provisions of G.S. 20‑16.2. The provisions of G.S. 20‑139.1 shall apply to an offense committed under this section.
(d) A person convicted under this section shall have his license permanently revoked.
(e) If a person is convicted under this section, the motor vehicle that was driven by the defendant at the time the defendant committed the offense of impaired driving becomes property subject to forfeiture in accordance with the procedure set out in G.S. 20‑28.2. In applying the procedure set out in that statute, an owner or a holder of a security interest is considered an innocent party with respect to a motor vehicle subject to forfeiture under this subsection if any of the following applies:
(1) The owner or holder of the security interest did not know and had no reason to know that the defendant had been convicted within the previous seven years of three or more offenses involving impaired driving.
The SRIS Law Group lawyers assist clients in the following counties in North Carolina:
Mecklenburg County, Wake County, Guilford County, Forsyth County, Cumberland County, Durham County, Buncombe County, Gaston County, New Hanover County, Union County, Cabarrus County, Davidson County, Catawba County, Johnston County, Onslow County, Iredell County, Pitt County, Alamance County, Randolph County, Rowan County, Robeson County, Orange County, Wayne County, Harnett County, Henderson County, Cleveland County, Brunswick County, Craven County, Rockingham County, Nash County, Burke County, Moore County, Caldwell County, Wilson County, Surry County, Lincoln County, Wilkes County, Rutherford County, Carteret County, Sampson County, Chatham County, Stanly County, Lenoir County, Lee County, Haywood County, Franklin County, Halifax County, Columbus County, Granville County, Edgecombe County, Duplin County.
(2) The defendant drove the motor vehicle without the consent of the owner or the holder of the security interest.