FAQs About DUI Charges in Iredell County NC

The North Carolina DUI law (N.C.G.S. 20-138.1) does not refer to the offense as drunk driving, DUI, or DWI. Instead, the law criminalizes “impaired driving.” It is illegal to be appreciably impaired by alcohol, drugs, or a combination of both, while operating any vehicle on the streets, highways, or public vehicular areas in North Carolina. You need not be drunk or grossly impaired to be charged and convicted. Drunk driving is impaired driving, but not all impaired drivers are drunk drivers.

It's important to recognize the distinction between being arrested or charged with impaired driving and the criminal prosecution for driving while impaired in North Carolina. You may be both arrested and charged with a BAC lower than the legal limit. Indeed, the numerical reading on the AlcoSensor, the roadside alcohol screening test device, is often inadmissible as evidence in court. Unless specifically authorized under the NC DWI laws, law enforcement officers are limited to testifying to whether the AlcoSensor reading is positive or negative for alcohol. In North Carolina, a person may also be prosecuted for impaired driving even if their Blood Alcohol Concentration (BAC) is less than the legal limit of 0.08. Put simply, there is more than one way for the State to prove a violation of N.C.G.S. 20-138.1.

North Carolina has an implied consent law (N.C.G.S. 20-16.2). Anyone who drives on North Carolina roads is deemed to have consented to a chemical test if charged with an implied consent offense, which includes impaired driving. Under the NC DWI laws, testing may be performed using a breath, urine, or blood test. If the person charged willfully refuses to submit to the requested testing, they may also face administrative penalties with the North Carolina Department of Transportation, Division of Motor Vehicles (DMV) in addition to their DWI charge. Willful refusal is not a separate criminal charge in North Carolina.

When referring to impaired driving, the general public in North Carolina frequently uses the terms DUI, DWI, driving under the influence, DWI, driving while impaired, and driving while intoxicated interchangeably. N.C.G.S. 20-138.1 of the North Carolina DWI laws refers to the offense as Impaired Driving. Under the law, there is no practical distinction between DUI and DWI.

A DUI conviction in Iredell County can have severe consequences, including fines, jail time (in certain circumstances), license suspension, community service, and alcohol or drug treatment programs. The severity of penalties depends on the nature of the offense, such as the driver's blood alcohol concentration (BAC) and prior DUI convictions. In a sentencing hearing, the judge considers mitigating, aggravating, and grossly aggravating factors that are set forth in N.C.G.S. 20-179. More information about DWI punishments may be found in the North Carolina DWI Quick Reference Guide.

Hiring a lawyer as soon as possible after being charged with a DUI can prove crucial. An experienced attorney can guide you through the legal process, protect your rights, and help you understand your options. The sooner you have legal representation, the sooner your attorney may begin preparing a defense. There can be important motions to file, documents to collect, and materials to preserve in anticipation of court.

The Iredell County Courthouse in Statesville is referred to as the Iredell County Hall of Justice. It is located at 226 Stockton St, Statesville, NC 28677. This courthouse handles various legal matters in Iredell County, including certain DUI cases. Iredell County is served by two court facilities, one in Statesville, North Carolina, and one in Mooresville, North Carolina. The Mooresville Courthouse facility is referred to as the Government Center South (Mooresville Courthouse). It is located at 610 E Center Ave, Mooresville, NC 28115. Assignment of the appropriate courthouse for disposition generally relates to the location of the arrest for DUI in Iredell County NC, and the stage of the proceedings.

Mooresville is located within Iredell County. District Court DUI cases that take place in Mooresville are often heard at the Government Center South (Mooresville Courthouse). It is located at 610 E Center Ave, Mooresville, NC 28115. Appeals to Superior Court are disposed of in Statesville at the Iredell County Hall of Justice. Important charging documents, citations, and traffic tickets commonly reference the time, date, and location of various court matters.

A lawyer can help with a DUI case by reviewing the evidence, identifying potential weaknesses in the prosecution's case, negotiating with the district attorney, and representing you in court. An experienced DUI attorney can also help you understand the legal process, your rights, and the potential consequences of a conviction.

Your driver's license may be subject to a Civil Revocation in North Carolina after a DUI arrest, even before a conviction. While commonly referred to as a "revocation," it is technically a license suspension. The substantive effect of both makes operating a vehicle in North Carolina illegal unless otherwise authorized under the NC DWI laws. If you refuse a chemical test or have a BAC of 0.08 or higher, your license may be suspended for 30 days immediately following the arrest. Drivers under the age of 21 are subject to suspension with any amount of alcohol in their bloodstream (BAC of 0.00 or higher). A BAC of 0.04 or higher subjects a Commercial Driver License - CDL holder to suspension when operating a commercial vehicle. It is important to seek legal advice to understand the consequences of a DUI charge, license revocations, suspensions, and your rights under the law.

Limited driving privileges allow individuals with a suspended driver's license to drive for specific purposes, such as work, school, substance abuse assessment and treatment, community service, and religious services. Some people refer also to them as a hardship license, paper license, or work privileges. In North Carolina, you may be eligible for limited driving privileges if you meet certain criteria, including the completion of a substance abuse assessment and proof of a DL-123. If you are eligible, an experienced DUI attorney can help you apply for limited driving privileges and guide you through the process.

Standardized field sobriety tests (SFSTs) are a series of tests administered by law enforcement officers to determine whether a driver shows signs of impairment. The tests are designed to assess a driver's balance, coordination, and cognitive abilities. The three most common SFSTs are the horizontal gaze nystagmus (HGN) test, the walk-and-turn test, and the one-leg stand test.

Reasonable suspicion is a legal standard that allows law enforcement officers to stop a vehicle if they have a reasonable belief that the driver is engaged in criminal activity, such as driving under the influence of an impairing substance. Factors that may contribute to reasonable suspicion include erratic driving, traffic violations, or the presence of an open container of alcohol in the vehicle. While reasonable suspicion is a relatively low legal standard, law enforcement officers must be able to articulate (explain) a reasonable basis for the stop. It is more than an unparticularized hunch or "gut instinct."

Probable cause is a higher legal standard than reasonable suspicion and is required for a law enforcement officer to make an arrest. In the context of a DUI, probable cause may be established through the driver's performance on field sobriety tests, the odor of alcohol on their breath, slurred speech, unsteadiness of feet, red, glassy eyes, or other signs of impairment. Law enforcement officers may also consider a positive reading on the handheld alcohol screening test device, the AlcoSensor.

A driver's BAC is typically determined through a chemical test, such as a "breathalyzer," blood test, or urine test. These tests are used to measure the concentration of alcohol in a driver's system, with a BAC of 0.08 or higher deemed sufficient to prove impaired driving in North Carolina. The most commonly utilized evidentiary breath testing machine in North Carolina is known as the Intoximeter EC/IR II. While breathalyzer is a term used by the general public to refer to breath testing devices, the "Breathalyzer" is no longer in service in North Carolina.

While you have the right to refuse a breathalyzer test, doing so can result in an immediate license suspension. Pursuant to N.C.G.S. 20-16, by operating a motor vehicle on a public street, highway, or vehicular area, you are deemed to have given implied consent to submit to chemical testing if accused of driving under the influence of an impairing substance. That may include blood, breath, or urine testing. The Intoximeter EC/IR II is the most commonly used evidentiary breath testing machine in North Carolina. Although the term "breathalyzer" is commonly used to refer to all breath-testing devices, the Breathalyzer is no longer in service in North Carolina. The North Carolina DWI Quick Reference Guide provides more information about impaired driving testing.

The penalties for a first-time DUI offense in North Carolina may include fines, jail time (in certain circumstances), license suspension, community service, and alcohol or drug treatment programs. The severity of the penalties depends on factors such as the driver's BAC and whether there was property damage or injury. Pursuant to N.C.G.S. 20-179, the judge must conduct a sentencing hearing upon entry of a guilty plea or finding of guilt. During the DUI sentencing hearing, the state carries the burden of proof to prove, beyond a reasonable doubt, aggravating and grossly aggravating factors. The defendant carries the burden of proof to prove, by a greater weight of the evidence, factors in mitigation.

North Carolina uses a type of structured sentencing system that categorizes DUI offenses into six levels. Aggravated Level 1 (A1) is the most severe, and Level 5 is the least severe. Factors such as the driver's BAC, prior DUI convictions, and the presence of aggravating or mitigating circumstances will determine the level of the offense and the corresponding penalties. The judge must hold a sentencing hearing following the entry of a guilty plea or finding of guilt, according to N.C.G.S. 20-179. During the DUI sentence hearing, the state bears the burden of proving aggravating and grossly aggravating factors beyond a reasonable doubt. The burden of proof is on the defendant to demonstrate, by a preponderance of the evidence, mitigating factors. The North Carolina DWI Quick Reference Guide includes more information about DUI penalties.

Aggravating factors are circumstances that increase the severity of a DUI offense, such as a high BAC, reckless driving, or causing an accident. Mitigating factors are circumstances that may lessen the severity of the offense, such as a low BAC, voluntary submission to a substance abuse assessment, or a safe driving record. N.C.G.S. 20-179 sets forth the statutorily recognized mitigating, aggravating, and grossly aggravating factors. The judge must conduct a sentencing hearing following the entry of a guilty plea or finding of guilt. During the DUI sentencing hearing, the state must prove beyond a reasonable doubt the existence of aggravating and grossly aggravating factors. The defendant has the burden of proving mitigating factors by a preponderance of the evidence. The North Carolina DWI Quick Reference Guide contains additional details regarding DUI penalties.

North Carolina does not allow the expunction of a DUI conviction. Your record cannot be expunged if you are convicted of impaired driving. That's one reason it makes sense to retain legal counsel. An experienced DUI defense attorney can help you understand your options and develop a defense strategy to minimize potential penalties. An attorney can also help you navigate the North Carolina court system, including the sentencing hearing process. The cost of hiring a DUI attorney in Iredell County can vary depending on the case's complexity and the attorney's experience.

In addition to fines, jail time (in certain circumstances), license suspension, community service, and participation in alcohol or drug treatment programs, a DUI conviction can make finding employment, housing, and educational opportunities difficult. Understanding the full scope of the potential legal consequences is important before deciding how to proceed. An experienced DUI defense attorney can help you take into account the possible implications of a guilty plea or finding of guilt. It's important to remember that no two DUI cases are exactly alike.