Fayetteville DUI Penalties
A DUI conviction, whether a first offense or third, will greatly affect your day-to-day existence. However, there is no one-size-fits-all when prosecuting drunk drivers. A variety of factors, from quality of legal counsel to blood alcohol content, will play a large part in deciding DUI penalties. Location is another key element, because not all regions penalize offenders to the same degree.
What to Expect in Fayetteville North Carolina
The State of North Carolina takes drunk driving very seriously, particularly with repeat offenders. In North Carolina a blood alcohol level of .08 or higher is considered over the legal limit. DUI penalties will be gauged by a driver’s history, as well as specifics of the traffic stop itself. The court will also take into account the kind of driver’s license carried at the time of the incident. (Note that commercial drivers are considered intoxicated with a lower BAC of .04 or above).
Age also factors in, where drivers under 21 years are considered over the limit at .02. And if you have passengers under the age of 18 or harm anyone (or anyone’s property), then your penalties will increase exponentially.
For the sake of clarity, the following DUI penalties apply to first and second-time offenders who are 21 or older, who are not traveling with minors. Penalties are based on the driver possessing a non-commercial license while driving in Fayetteville North Carolina.
The fine for a first offense is currently a minimum of $500, with a maximum of $1,000. Be aware that if the blood alcohol level is .15 or higher, the fine will be a minimum of $1,000/maximum of $2,000.
Probation for a first offense should not exceed 12 months. Incarceration for first time offenders will not exceed 6 months, though the court may decide that a live-in drug and alcohol program may be in order.
Community Service and license revocation are also standard components of sentencing. In Fayetteville you will be mandated to serve 50 hours of service. You can also expect to lose your license for as little as 180 days and as long as 1 year.
A two time offender can expect steeper penalties, such as a minimum fine of $1,000, and a maximum fine of $2,000; if your BAC is .15 or above then expect those fines to double.
In terms of incarceration, expect no more than 9 months – though the court will decide whether time is spent in jail or in a live-in rehab facility. If this is your second offense within the span of 5 years, then expect imprisonment of at least 10 days. A two-timer within five years can also expect license revocation for 5 years unless hardship leniency is established through the courts.
All penalties and charges will increase if minors are involved, if people or properties are harmed, and if you are deemed to be a habitual offender. Driving with a suspended license, or while operating a company vehicle, will carry its own set of penalties.
Plus, how and where you get your DUI will doubtless affect the extent of penalties faced. Remember, if a repeat offender you can expect far less leniency than a newcomer. Your sentencing will also be affected by the amount of evidence gathered against you, as well as your recorded alcohol level at the time of the incident.
This information is intended to help you understand the basics, but don’t make the mistake of trying to take on the courts alone. Enlist an experienced DUI attorney that specializes in DUI charges, because your immediate and long-term future is at stake. Solid legal counsel will not only make you aware of your various rights, it will better prepare you for the road that lies ahead.
Just because someone accused you of DUI does not mean that you are guilty. North Carolina has harsh penalties for alcohol related driving violations, so you owe it to yourself to hire an attorney who knows both the legal and scientific ways in which to defend these cases. Here the experienced DUI attorneys at Best DUI Attorney in Fayetteville are here to bring you through to the other side and get your life back to where it should be. Call now at 877-486-3984 for your free conference with an experience DUI criminal defense attorney and together we will discover what can be one about your DUI penalties and your pending case.
Best DUI Attorney in Fayetteville
117 Dick St # 122
Fayetteville NC 28301