What Happens When You’re Charged With A DWI?

In the state of North Carolina, you can receive a DWI when you drive with a blood alcohol concentration (BAC) of at least 0.08% or higher even if it does not impair your driving ability. If you are driving a vehicle in North Carolina, then you have given consent to submit a chemical test in order to determine the amount of alcohol that in your blood.

However, if you are a driver under the age of 21, then the maximum blood level content (BAC) is 0% since North Carolina is a ‘zero tolerance’ state.

What Is The Minimum Jail Time For A DWI In North Carolina?

The amount of jail time for a DWI is determined by whether this is considered your first, second, or third offense.

1st Offense – No minimum required jail term
2nd Offense – 7 days of jail minimum
3rd Offense – 30 days of jail minimum

How Long Will Any Prior DWI Convictions Will Remain Relevant In North Carolina?

Prior DWI convictions will stay on your record and will be counted against you for additional DUI/DWI offenses for up to 7 years in North Carolina.

Is It Possible For A DWI To Be ‘Pleaded Down’ To A ‘Wet Reckless’ In North Carolina?

A conviction of ‘wet reckless’ or of reckless driving involving alcohol, is typically made as a result of a plea bargain in which the charge of drunk driving can be reduced to a case of reckless driving.

This type of plea bargain will occasionally occur when the amount of alcohol in someone’s system is only borderline illegal, there was no accident, and the defendant in question has had no prior record. However, if there is a subsequent drunk driving conviction, then the ‘wet reckless’ conviction will typically be considered as a prior drunk driving conviction resulting in an immediate second offense.

Will You Need To Post Bail For A DWI?

Bail or a bail bond is an amount of money that arrested DWI/DUI suspects pay to the court in order to be released from jail. Having the bail money paid ensures that the defendants will appear for their arraignment. However, if the DWI/DUI suspect does not show up, then the court is allowed to keep the bail money rather than have it refunded back.

After a DWI/DUI suspects are booked or processed, the suspects can expect one of more of the following to occur:

  • Be released on their ‘own recognizance’
  • Have the option to post bail at the police station once you have been booked
  • Brought to a judge, who will decide whether they should be released on bail
  • Required to remain in jail with no option for bail due to flight risks and prior issues with the law

If you have been put in Wake County jail for a DWI with the option to post bail, but do not have the financials to do so, you should consider a Wake County bail bondsman with Amistad Bail Bonds!