Wilmington DUI Lawyer

DUI Attorney in Wilmington, NC

Facing a driving under the influence (DUI) charge can fill you with concerns, as convictions can bring serious consequences. Unfortunately, one extra drink or a lapse in judgment before getting behind the wheel can leave you facing these serious circumstances. If you’re facing charges for being impaired while driving, contact a experienced Wilmington DUI lawyer.

Hire a DUI Lawyer in Wilmington, North Carolina

A Wilmington DUI lawyer can help bring clarity to this tense situation. Drawing on their knowledge of DUI laws to brief you about how your case may unfold. While every case is different, this insight can bring a degree of certainty, potentially reducing your stress. It is also helpful to understand the difference between a felony and misdemeanor in North Carolina regarding your specific charges.

Your lawyer can gather evidence such as the results of sobriety tests, bodycam footage, your legal history, and more to build a defense. They can advise you on what to say at every phase of the legal process, as well as which verdict you should work toward. In some cases, your legal situation might overlap with other areas of the law, requiring the help of a skilled Wilmington criminal defense lawyer.

At W. James Payne Law Firm, we understand the gravity of these charges and can craft a defense that’s just as thorough. With our legal professionals at your service, you can have a better chance of moving past this issue with your freedom and future intact. When you need knowledge and experience on your side, you can count on us.

Understanding DUI Laws in North Carolina

North Carolina’s strict DUI laws are designed to create safer roadways and reduce the risk to both impaired and sober drivers. According to § 20-138.1, a person is impaired if they drive:

• After consuming an impairing substance
• After consuming alcohol, resulting in a blood alcohol level of 0.08 or more
• After consuming any Schedule I controlled substance

While some DUI cases involve highly potent substances, others are simply the result of a person drinking more than they realized during a casual night out. No matter what issue led to your charge, a Wilmington DUI attorney can advocate for your rights. If your charges involve other allegations, you may also need a dedicated Wilmington gun crime lawyer to protect your rights. No matter what issue led to your charge, a Wilmington DUI attorney can advocate for your rights.

North Carolina’s DUI Penalties

Given how common yet serious DUI charges are, North Carolina uses a tiered system for punishment. This gives judges flexibility, based on the level of impairment in the individual or any repeat history of impairment. You might also find it useful to learn more about what is considered criminal intent in North Carolina when building your defense. Penalties for DUI convictions can include: Penalties for DUI convictions can include:

• Level V: Up to $200 fine, jail sentence of at least 24 hours and up to 60 days. A judge could modify the sentence if the 24 hours in jail are served by the driver, they perform 24 hours of community service, and refrain from motor vehicle operations for 30 days.
• Level IV: Up to $500 fine, a jail sentence of at least 48 hours, and up to 120 days. A judge could modify the sentence if the 48 hours in jail are served by the driver, they perform 48 hours of community service, and refrain from motor vehicle operations for 60 days.
• Level III: Up to $1,000 fine, a jail sentence of at least 72 hours, and up to six months. A judge could modify the sentence if the 72 hours in jail are served by the driver, they perform 72 hours of community service, and refrain from motor vehicle operations for 90 days.
• Level II: Up to $2,000 fine, a jail sentence of at least seven days, and up to one year. There is no modification allowed by a judge for this level charge.
• Level 1: Up to $4,000 fine, a jail sentence of at least 30 days, and up to two years. There is no modification allowed by a judge for this level charge.

When you hire a DUI lawyer from our firm, you increase the chance of a reduced sentence. Our team includes an experienced Wilmington military lawyer who understands how these penalties impact service members. The result depends on the judge and the facts of your charges, but our legal professionals can work diligently to improve your outcome.

Facts About the Seriousness of DUIs in North Carolina

Though some accused individuals view DUIs as minor offenses, these matters are taken very seriously in North Carolina. In 2023, the state had 27,369 DUI convictions. In 2024, there were 361 deaths and over 7,000 injuries because of alcohol-impaired drivers. Since about half of the adults in North Carolina, around 4.1 million, drink, it’s deceptively easy for anyone to end up with a DUI. If you’re facing these charges, contact our law firm for help.

FAQs

Who Handles DUI Cases in Wilmington, North Carolina

In Wilmington, North Carolina, DUI cases are typically overseen by the New Hanover County District Court, which is a part of District 5 of the North Carolina court system. Prosecutors are typically trained specifically in DUI laws and prosecute aggressively, so it’s important to hire a DUI lawyer who can craft an appropriate defense that’s just as thorough.

Can You Get Out of a DUI Charge?

Many people try to talk their way out of a DUI charge, especially if they’ve never had legal trouble or underestimate how impaired they are. It’s important to only give statements to your lawyer, as they can make sure your side of the matter is heard, but in a way that doesn’t incriminate you or give added substance to the prosecution’s case.

Are DUI Charges the Same for Commercial Drivers?

While DUI laws put a limit of 0.08 on the blood alcohol content for passenger drivers, commercial drivers have a limit of 0.04. This change to the law reflects the added challenges and added risk of operating a commercial vehicle in a manner that is even close to being impaired.

Who Gets the Most Severe DUI Punishments?

The most severe DUI punishments are for Level II and Level I offenders. These are impaired repeat offenders, drivers with revoked licenses, impaired drivers transporting children, and drivers who hurt someone in a crash while impaired. These drivers could face the strictest DUI penalties in North Carolina, including mandatory prison time.

Schedule a Consultation With a Wilmington DUI Lawyer

If a DUI charge has you feeling frustrated, confused, or overwhelmed, call on us. At W. James Payne Law Firm, we bring over 40 years of legal experience. We’ve received many awards and positive reviews for our dedicated approach to justice. We can help you pursue the optimal resolution to protect your rights and clear your name. Contact us today to get started.