Expert Hickory DWI Attorney

If you have been pulled over for driving while intoxicated (DWI), you can expect to face serious charges. Drinking and driving is a serious offense because it can put your life and the lives of others on the road at risk. If you are facing a DWI charge in Hickory, then you should get in touch with a Hickory DWI lawyer right away.

Our team at Cody Law Firm can provide you with fierce support if you are looking at a DWI charge. We know the ins and outs of the Hickory legal system and can closely review your case to develop a strong, relevant defense strategy.

What Is a DWI?

DWI stands for driving while intoxicated. In the United States, if you are 21 years of age or older, you cannot legally drive with a blood alcohol content (BAC) of 0.08% or higher. If you are under the age of 21 in Hickory, North Carolina, you are not allowed to drive with a BAC above 0.00%, as consuming or purchasing alcohol under the age of 21 is against the law.

If a law enforcement officer pulls you over for suspicion of a DWI, you are expected to cooperate with their requests, like performing a breathalyzer test. Failure to cooperate can result in harsher punishments.

What Are Aggravating and Mitigating Factors for DWI?

After someone is charged with a DWI, they will have a sentencing hearing. At the hearing, evidence will be presented. Some of this evidence can aggravate or mitigate the charges.

• Gross Aggravating Evidence: This includes injuring another person, driving with a revoked license due to a previous DWI, and getting a DWI with a minor in the vehicle. A second-offense DWI is also a gross aggravating factor.
• Aggravating Evidence: Aggravating factors include driving with a BAC of 0.15% or more, colliding with another car, running away from the police, and driving more than 30 miles per hour over the speed limit.
• Mitigating Evidence: Mitigating factors are less severe than aggravating factors. Some examples include having a low BAC at the time of the charge or being under the influence of a prescribed drug. A mitigating factor can also be presented if the offender was also driving relatively safely at the time they were pulled over.

All the factors presented in a case will be heard by a judge. They are used to determine the DWI level as well as any resulting penalties, fines, and jail time.

What Are North Carolina’s Sentencing Levels?

North Carolina’s DWI system is unique. DWIs are ranked on a sentencing scale that ranges from 1-5, with 1 being the most severe and 5 being the least.

• Level 1: In this level, there are two or more gross aggravating factors. Fines can go up to $10,000, and jail time would be between 30 days and three years. Probation is possible in exchange for reduced jail time, but the person charged will still have a minimum amount of days to spend in jail, depending on the circumstances. Other penalties include drug and alcohol monitoring and treatment programs.
• Level 2: With a Level 2 sentence, there is one gross aggravating factor. The driver can face up to $2,000 in fines and between seven days and one year in jail. Jail time can be suspended if the driver agrees to monitored sobriety for 90 days. The driver will also be ordered to submit to drug and alcohol assessments and treatment programs. If this is a second offense in the last five years, community service will also be ordered.
• Levels 3-5: For these levels, there are typically no gross aggravating factors. The judge will determine which DWI level the offense is based on the mitigating and aggravating factors. If there is an equal balance of both, it will generally be a Level 4. If there are only mitigating factors, it will generally be considered a Level 5.If there are only, or mostly, aggravating factors, it will be ruled a Level 3. The maximum fines for these three levels range from $200 to $1,000. Jail time ranges from 24 hours to 6 months. Often, jail time may be substituted for community service.