Recently on our DUI forum we had a user ask, “What penalties and fines can I expect if I was arrested for DUI in Taylorsville, North Carolina?” This driver had a blood alcohol concentration level which was at the illegal limit of 0.08%. Below we will discuss what this driver can expect if he is convicted of drunk driving.
Taylorsville, North Carolina and drunk driving
Unfortunately, while all states consider drunk driving a serious criminal offense, North Carolina has some of the toughest DUI penalties in the country. The first thing you need to do if you have been arrested for DUI in Taylorsville, North Carolina, is talk to a DUI lawyer and discuss the state’s evidence against you. A DUI lawyer may be able to develop a defense strategy for your drunken driving case, which could result in having the charges dropped or reduced, or being found not guilty at trial.
Enhanced Sentencing for Taylorsville, North Carolina DWI
Penalties in North Carolina are based on the sentencing level assigned by the judge. They can range from Level 5 which is the least severe, to Level 1 which is the most severe. The judge will make their decision after reviewing your DUI case and determining how many aggravating factors you have in your arrest. For example, the following are considered aggravating factors in a Taylorsville, North Carolina, DWI arrest:
1. If your license has been revoked in the past for a prior drunk driving arrest
2. If you have other DWI convictions on your driving record
3. If you do not have a clean driving record
4. If you were operating the car with a minor who is under the age of 16 in the car when you were arrested for DUI
5. If your blood-alcohol level was .15 percent or higher
6. If you caused property damage or injured another driver
The judge will also review what the court calls “mitigating factor,” or factors which can lower your potential punishment for a DUI in Taylorsville, North Carolina. These factors can include having a good driving record, having a low blood alcohol concentration (BAC) at the time of the DUI arrest, and driving lawfully at the time of the DUI arrest.
What DUI punishments can I expect for my drunken driving arrest in Taylorsville, North Carolina?
If the judge determines you have 2 or more aggravating factors at the time of your DUI arrest you may receive a level 1 punishment for your DUI. This punishment can include 30 days to 2 years in jail and a fine of no more than $4,000.
If you have fewer aggravating factors you can expect a level two punishment or lower. Level two penalties include seven days to one year in jail and a fine of no more than $2,000.
Administrative Penalties for my DUI in Taylorsville, North Carolina
Drivers may also face what are termed administrative penalties if they are arrested with a BAC of 0.08% or higher. If you take the BAC test and your BAC is above the legal limit, you can expect to have your license suspended by the DMV in your state. This suspension is separate from any penalties you might receive if convicted of DUI in Taylorsville, North Carolina.
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