NC DWI Process Summary
NC DWI Process Summary
1. Field Sobriety Test shows impairment: Police will take driver to the station for breath or blood test.
2. B.A.C. less than .08 or there was no impairing substance found in blood test: There is often no charge filed unless driver is under 21 — then any amount of alcohol can result in arrest.
3. B.A.C. (Blood Alcohol Content) .08 or more or blood test shows impairing substance — Arrest for DWI. If driver is over 21 and shows impairment, he/she can be charged even though breathalyzer reading is low.
4. Driver will be arrested and scheduled for court.
5. Driver’s license is revoked on the spot for 30 days.
6. Get permit to drive after 10 days rather than 30 after getting DWI Assessment at First Step.
7. At court, judge will hear arguments by District Attorney and defense attorney to determine guilt.
8. If guilty, factors considered are: Grossly Aggravating, Aggravating and Mitigating. These determine level of punishment.
9. If convicted loss of license is: 1st offense, 1 year; 2d offense, 4 years, 3d offense, permanent, 3 or more in 7 years is Habitual Impaired Driving — a felony.
10. If B.A.C. was .16 or more, you will be required to have Interlock installed to drive, and will possibly get a probation officer.
11. Let First Step show you how avoid situation again.
12. First Step completes and delivers required paperwork very the same day if required.
Begin counseling within 2 weeks of your assessment and you will not be billed for the first group.
Step by Step NC DWI Process:
1. Had a few drinks.
2. DWI checkpoint or other traffic stop.
3. Field Sobriety Tests and hand-held Breathalyzer.
4. Officer determines whether to have you go to police station for breath test.
5. If charged – arrested; then either go home on “own recognizance” or to jail.
6. Lose driver’s license for 30 days – Civil Revocation.
7. Get DWI Assessment by First Step Substance Abuse & DWI Services and get permit to drive in 10 days.
8. Hire a good attorney.
9. First Step will coordinate DWI Assessment requirements with your attorney.
10. Trial – If guilty First Step will assist you through as much of the process as we can.
11. Get your licensed back and move on with your life.
Driving While Licensed Revoked (DWLR)
If you are caught Driving While Licensed Revoked (DWLR) for DWI the state of NC now requires you to have another DWI-type substance abuse assessment at a licensed NC DWI Assessment, ADETS & Treatment Agency. The outcome of the assessment may require more substance abuse counseling if the you have returned to drinking or using substances.
The DWLR assessment requires that the DWI assessor complete and forward an electronic form to NC DWI Services which forwards the form to the NC DMV. Without completing this requirement, you will not have your license legally restored. There is no provision to allow a Limited Driving Privilege when license is revoked for DWLR and the revocation is for one full year.
“Well when I first came to First Step my initial thought was this is some Bull xxxx. I felt it was just a way to make money. I was angry, disappointed in myself and very anxious to get through with everything. About half way through my groups I had a change of heart when I met the inspirational speakers and saw the effects that were done on their lives. It was an eye opener and I realize how important it is for some sobriety. I spoke with a man whose addiction impacted someone else’s life and now he is clean and I see the struggle he faces day to day to stay clean. This program is very important and I learned that I don’t have to be a part of an inner circle. I can be alone and it is OK. I really appreciated the counselors for being so understanding and polite throughout my experience here at First Step.” Anonymous