DWI Lawyer in Oxford, NC.
Being charged with a DWI can have serious consequences, including fines, license suspension, and even jail time. At Scheuring Law, PLLC, we are committed to providing aggressive and effective legal defense for individuals facing DWI charges in Oxford, NC. Serving Granville, Franklin, Warren, Vance, and Person counties, our firm has the experience and knowledge to navigate the complexities of DWI cases. We work tirelessly to protect your rights, challenge evidence, and minimize the impact on your life. If you're facing a DWI charge, trust us to provide personalized attention and a strong defense strategy.
Make the state prove their case.
Remember, just because you have been charged with a DWI does not mean that you will be convicted. As an accused in our criminal justice system, you are presumed innocent until proven guilty. It is the state’s burden to prove every element of the charge beyond a reasonable doubt. In preparing your defense, we will explore all viable options you have to fight your charge. Some of the different issues we will explore include whether the state can prove you were driving, whether the officer had a valid reason to pull you over, whether there was probable cause that you were impaired, whether the field sobriety tests were administered properly, among other things.
What do they have to prove?
For the state to get a conviction for DWI, they have to prove beyond a reasonable doubt, that you:
Operated a motor-vehicle on a public street or highway (or public vehicular area, PVA);
With a blood alcohol concentration (BAC) measuring .08% or higher; OR
While your mental and physical faculties are appreciably impaired; OR
With any amount of a Schedule I controlled substance in your system.
What’s the worst case scenario?
SENTENCING .
If you plead guilty or are found guilty at trial, in North Carolina, there are 6 different sentencing levels for a DWI. The least serious being level 5 and the most serious being Aggravated Level 1 (see below).
What level you will be for sentencing depends on what factors are present for your case. There are 3 types of factors that the judge will consider in determining your level for sentencing: mitigating factors, aggravating factors, and grossly aggravating factors.
Mitigating factors are things about your case that make it less serious. Aggravating factors are things about your case that make it more serious. Grossly aggravating factors are very serious things about your case that require mandatory jail time.
If this is your first time being charged with DWI (and you have no grossly aggravating factors), most cases result in an unsupervised probationary sentence with community service and a 1 year suspension of your license. If eligible, we can file for a limited driving privilege so you can drive during your suspension period. This offense also carries 12 insurance points, which results in a 340% increase in insurance over a 3 year period. If your charge carries mandatory jail time, you can often reduce or in some cases completely offset your jail time with in-patient treatment or a verified period of sobriety using the continuous alcohol monitoring bracelet (SCRAM). For further information about these providers, please see our resource section.
SENTENCING FACTORS:
MITIGATING FACTORS:
Slight impairment from alcohol (not exceeding .09 BAC)
Safe and lawful driving
Safe driving record
Obtaining a substance assessment
Completing 60 days of abstinence from alcohol (verified with CAM device)
AGGRAVATING FACTORS:
Gross impairment
BAC of .15 or higher
Especially reckless/dangerous driving
Having a reportable accident
Driving While License Revoked (not for an impaired offense)
Prior DWI outside of 7 years
Conviction of speeding over 30mph
Passing a stopped school bus
Any other factor that aggravates the case
GROSSLY AGGRAVATING FACTORS:
Prior DWI within last 7 years
Driving While License Revoked (for an impaired offense)
Accident involving serious injury
Having passenger under 18
LEVELS FOR SENTENCING:
LEVEL 5:
(MITIGATING FACTORS OUTWEIGH AGGRAVATING FACTORS)
Minimum 24 hours jail or community service / Maximum 60 days jail
Fine up to $200
LEVEL 4:
(AGGRAVATING FACTORS COUNTERBALANCE MITIGATING FACTORS)
Minimum 48 hours jail or community service / Maximum 120 days jail
Fine up to $500
LEVEL 3:
(AGGRAVATING FACTORS OUTWEIGH MITIGATING FACTORS )
Minimum 72 hours jail or community service / Maximum 6 months jail
Fine up to $1,000
LEVEL 2:
(1 GROSSLY AGGRAVATING FACTOR)
Mandatory minimum 7 days jail Maximum 1 year jail
Fine up to $2,000
LEVEL 1:
(2 GROSSLY AGGRAVATING FACTORS)
Mandatory minimum 30 days jail Maximum 2 years jail
Fine up to $4,000
AGGRAVATED LEVEL 1:
(3+ GROSSLY AGGRAVATING FACTORS)
Mandatory minimum 120 days jail Maximum 3 years jail
Fine up to $10,000
SUBSTANCE ABUSE ASSESSMENT.
One of the most important things you can do to prepare your defense for a DWI is to obtain a substance abuse assessment and to enroll in treatment. This just typically means completing alcohol classes. This is important because this is a requirement in order for us to not only get you a limited driving privilege, but also so you can get your license reinstated after your revocation period. This is true regardless of whether you are going to plead guilty or go to trial. Here is a link to a list of accepted substance abuse assessment providers in your area. A typical assessment lasts about a half hour and costs $100. The classes are an additional fee. Always make sure that you enroll in your alcohol classes after the assessment.
LIMITED DRIVING PRIVILEGE.
A limited driving privilege is an order from a judge, allowing you to drive in a limited capacity during your revocation period. Your driving privilege will be limited in terms of geographic scope (where you can drive in NC), time (when you can drive), and purpose (why you can drive). While driving with a limited driving privilege, you cannot have any alcohol in your system whatsoever and you must carry a copy of your limited driving privilege with you at all times.
Failure to adhere to these restrictions could result in you being charged with Driving While License Revoked (Impaired Revocation). This has very serious consequences that can impact your criminal record, insurance rates, and driving privilege. Please see below for more information on this.
The standard hours of operation that you will be permitted to drive are Monday – Friday, 6AM to 8PM. This can include for work, school, or maintenance of the household (buying groceries, picking up your children from school, etc.), among other reasons. If you need to drive outside those standard hours, you must provide us with a letter from your employer confirming the days and times that you work. It is also advised that you carry a current copy of your work schedule to provide an officer if you were to be pulled over.
There are essentially two (2) kinds of limited driving privileges for DWI’s: a pre-trial limited driving privilege and a post-conviction limited driving privilege.
PRE-TRIAL LIMITED DRIVING PRIVILEGE.
When you are arrested for DWI and have provided a blood alcohol content sample of .08 or higher, the state will commonly issue you a 30-day civil revocation. If you are otherwise eligible, you can petition the court for a pre-trial limited driving privilege after serving out a ten (10) day waiting period for your 30-day civil revocation. This privilege is only good for the remaining twenty (20) days of your 30-day civil revocation.
To petition the court for a pre-trial limited driving privilege, you must provide us with the following documentation:
Copy of Substance Abuse Assessment (see our resources section for a list of providers in your area);
DL-123 form (proof of auto-insurance);
Current Driving Record
Letter from employer confirming work days and hours;
$100 money order or certified check for filing fee.
Assuming you were issued a 30-day civil revocation, on the 30th day of your revocation, you will need to go to the clerk of court’s office in the county where you were charged, pay the clerk $100 for your civil revocation fee, and sign an acknowledgment. Your license will then be returned to you. Out of an abundance of caution, you should call the DMV’s automated system (919-715-7000) to verify that your license is active before you drive. If the status of your license is “suspended,” you cannot drive.
POST CONVICTION LIMITED DRIVING PRIVILEGE:
Having a conviction for a DWI will result in a mandatory suspension of your NC driving privilege. However, if you’re eligible, we can petition the court for a limited driving privilege, so you can drive during your revocation period. For most first-time offenders sentenced as a level 3, 4, or 5, your revocation period will likely be 1 year.
In addition to being sentenced as a level 3, 4, or 5, you must also have had a valid driver’s license when you received your charge. Otherwise, DMV will not recognize your limited driving privilege. If you are sentenced as a level 2 or lower, you are not eligible for a limited driving privilege or any kind and cannot drive during your revocation period. The only exception to this would be if you were to have a DMV hearing for a conditional reinstatement. This is only possible after a waiting period without driving, typically the first 2 years of a 4 year revocation period.
To petition the court for a post-trial limited driving privilege, you must provide us with the following documentation:
Copy of Substance Abuse Assessment (see our resources section for a list of providers in your area);
DL-123 form (proof of auto-insurance);
Current Driving Record;
Letter from employer confirming work days and hours;
$100 money order or certified check for filing fee.
Following your revocation period, you must pay a reinstatement fee to the DMV to get your license back. Please see our FAQ and resources page for further instructions.
DRIVING WHILE LICENSE REVOKED (IMPAIRED):
It may sound strange, but you are more likely to serve active jail time if you are convicted of Driving While License Revoked for an alcohol offense. Driving While License Revoked (Impaired Revocation) is a class 1 misdemeanor that carries a maximum punishment of 120 days in jail. A conviction for this offense will not only further suspend your license, but by statute, it carries a mandatory 195% increase in insurance over a 3 year period. If applicable, this could also result in a probation violation of your suspended probationary sentence for your DWI charge.
INTERLOCK (BLOW) DEVICE:
If you provided a blood or breath sample that was .15 or higher and you plead guilty or are found guilty at trial, you will have to have an interlock device installed on your vehicle for 1 year. This is true even if you decide to not drive during your suspension period, DMV requires you to drive with an interlock device for 1 year. However, unlike a standard limited driving privilege, which restricts your hours of operation to Monday - Friday, 6AM to 8PM, if you’re eligible for an interlock limited driving privilege, you can drive anywhere and at anytime unrestricted, so long as you stay in North Carolina. I recommend my clients use SmartStart as their interlock provider:
READY TO BEGIN?