DUI Insurance

D.W.I. case. For all

NMA's views on DWI DWI: Are We Going in the Right Direction? A compendium of studies related to the enforcement of drunk driving laws was recentlypublished by UCLA's Alcohol Information Service. Contributors included scholars from theUnited States, Canada, and Sweden. A wide range of topics including testing procedures, enforcement judgement and discretion,police tactics, and legal challenges were discussed. There are certain compelling themes thatfollow through most of these pages. For the most part, alcohol caused traffic accidents involve drivers with fairly high bloodalcohol contents (B.A.C.'s), i.e. greater than .15%. Contrastingly, there is incessant pressure tolower legal B.A.C.'s. The current campaign in most of the country is to drop the B.A.C. to .08%(12 states have already done this). This is to be followed by further efforts to reduce the legalB.A.C. to 05%. For some groups, the ultimate goal is .00%, not only for driving a motor vehicle,but as a standard for responsible social conduct. The US Government endorses this by increasing highway funding for those states that have .08% B.A.C. limits. Blood alcohol content has taken on far greater importance than behavioral or physical impairment. In fact, the ability to drive safely and skillfully has virtually no bearing in a modernday D.W.I. case. For all practical purposes, the B.A.C. is the first and last word determiningguilt. Herein lies the problem for the police and courts. Under the old B.A.C. standards, typically.15%, there was a strong correlation between what was accepted as drunk driving and the legalB.A.C. threshold. Keep in mind that persons can and always could be arrested for drunk driving,virtually regardless of B.A.C. levels, based on their driving performance. With B.A.C.'s of .05%, .08%, or even in many instances, .10%, this correlation is either non-existent or very difficult to detect. This layers on a whole new set of problems for law enforcement personnel and the courts. New testing devices and procedures are necessary to determine if the person is drinking. Next, adecision, based on more tests, is made on whether or not to require a chemical B.A.C. test.Finally, the chemical test must be right on and expertly administered when measuring low, butillegal, B.A.C.'s. Other problems occur when intrusive enforcement measures must be implemented to identifydrivers with low B.A.C.'s. Roadblocks are the best example of a tactic used when there is noprobable cause to stop an individual motorist. Roadblocks are not necessary to identify driverswith high B.A.C.'s, nor do they deter problem drinkers. Police and court "discretion" are inversely related to legal B.A.C. standards. When thesestandards are no longer reflective of a reasonable behavioral standard, enforcement andadjudication falls off accordingly. With all this thrashing about looking for perfect irrefutable tests, iron clad identification of alldrinking drivers, and impeccably consistent enforcement of ever lower B.A.C.'s, not one of thesescholars asked "why?". The overwhelming number of alcohol-related accidents are attributable to drivers with highB.A.C.'s. Why is so much political and organizational effort being invested in lowering legalB.A.C. standards? Why are valuable and limited public resources being squandered on detecting,apprehending, trying, punishing, and treating persons who, by and large, are not creatinghighway safety problems? And, why are basic civil rights protections being disregarded whenthose persons responsible for D.W.I.- related accidents are readily recognized and apprehendableusing traditional and accepted law enforcement practices? All good questions that no one is asking, let alone answering. Taken from the NMAHomepage . Related Documents DWI Dilemma Related Pages Driving While Intoxixided Back Home | Start

How a DUI conviction affects your insurance Choose one Auto Term Life Health Homeowners Dental Quick Issue Life Children's Life --- Travel Motorcycle Boat/Watercraft Classic Auto Classic Boat --- -- British Visitors: Click Here Canadian Visitors: Click Here How a DUI conviction affects your insurance By Insure.com Many insurance companies check your motor vehicle record only once every three years or when you're applying for a new policy. Sometimes, accidents, tickets, and drunk-driving convictions can escape your insurer's attention or don't end up on your motor vehicle record. However, if your insurer does find out about a driving under the influence (DUI) conviction, you're likely to feel the pinch of higher rates and possibly policy cancellation or nonrenewal. There are two ways insurance companies generally deal with customers convicted of DUI. First, your insurer will likely raise your insurance premiums and label you a high-risk driver if it finds out you've been convicted of DUI. In this case, you'll likely have to file proof of insurance for three — sometimes five — years with your state's department of motor vehicles. Your insurance company will have to provide the DMV with an SR-22 form, which removes your license suspension by providing the state with proof of insurance. An SR-22 also means your insurance company is required to notify the DMV if it cancels your insurance for any reason. Your auto insurer will likely raise your premiums, and it might cancel your policy if you've been convicted of DUI. Most state laws require DUI convicts to get an SR-22 from their insurers, so you can't hide. In addition, your company may cancel your insurance mid-term or terminate the policy at the end of the term because of your DUI conviction, especially if you are currently in a preferred class. Your company will send you a notice stating why you've been canceled, and then you'll have to find another insurer while having a cancellation on your claims history. Some insurance companies don't offer SR-22 policies, so you may also be nonrenewed or canceled because your company can no longer provide what you need. Certain states don't allow insurance companies to drop you in the middle of the policy term even for a DUI, so make sure you know the laws in your state. Insurers can miss DUI convictions It's possible that your insurance company will never find out about your conviction if you don't have to get an SR-22. A June 2002 study by the Insurance Research Council revealed that as many as one-quarter of driving convictions never end up on motor vehicle records, due to lack of shared information between courts and motor vehicle departments or because a conviction has been erased through alternative means, such as driving school. If you get your charge reduced in a plea bargain, or have a limited license suspension, such as 30 days, it's also very unlikely your insurer will find out about your conviction. In most states, an insurance company has three years after a DUI to cancel you or raise your rates. If your insurance company misses the conviction at the time it happens, it has three years, according to most state laws, to cancel your policy or raise your rates because of the DUI. Rates don't always go up You may be surprised to know that when your insurer does find out about a DUI conviction it doesn't automatically impose higher premiums. The insurer will look at your history with the company and your claims record, and your fate is in its hands. For example, State Farm's action depends on which subsidiary you're with. If you have a preferred policy with State Farm Mutual Insurance Co. and receive a DUI, State Farm may move you into State Farm Fire & Casualty, which is the standard-policy company. If you're moved from preferred to a standard status, you'll be paying higher rates already. State Farm will also review your motor vehicle and insurance claims history to determine if it needs to raise your rates further. Last updated July 3, 2002 Related information: Get an instant auto insurance quote! How to cancel your auto insurance correctly The consequences of late auto insurance payments -- -- $5K-$20K $25K-$150K -- -- -- Auto Insurance Main Page Auto Insurance Basics Minimum Required Levels Average Auto Premiums 9 Ways To Save When Your Insurer Totals Your Car Car Crash Performance Tool Get an Instant Auto Insurance Quote! Health Insurance Main Page Health Insurance Basics Know Your COBRA Rights The HIPAA Law Buying Individual Coverage Short-Term Health Insurance Health Insurance Law Tool Get an Instant Health Insurance Quote! Home Insurance Main Page Home Insurance Basics 12 Ways to Save Get an Instant Home Insurance Quote! 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Standard & Poor's Fitch Auto Crash Tests & Safety Best & Worst States for Auto Rates Auto Repair Rights Health Benefits Laws By State Life Insurance & Taxes Life Insurance Calculator Small Business Coverages Workers Compensation Laws Insurance Company Guide Consumer Complaints Against Insurers Glossary of Insurance Terms A - F G - K L - M N - O P - T U - W Alabama Alaska Arizona Arkansas California Colorado Connecticut Delaware Dist of Columbia Florida Georgia Guam Hawaii Idaho Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Maryland Massachusetts Michigan Minnesota Mississippi Missouri Montana Nebraska Nevada New Hampshire New Jersey New Mexico New York North Carolina North Dakota Ohio Oklahoma Oregon Pennsylvania Puerto Rico Rhode Island South Carolina South Dakota Tennessee Texas Utah Vermont Virginia Virgin Islands Washington West Virginia Wisconsin Wyoming www.insure.com/auto/cancel.html">The consequences of late auto insurance payments --> --> $5K-$20K $25K-$150K --> --> --> Auto Insurance Main Page Auto Insurance Basics Minimum Required Levels Average Auto Premiums 9 Ways To Save When Your Insurer Totals Your Car Car Crash Performance Tool Get an Instant Auto Insurance Quote! Health Insurance Main Page Health Insurance Basics Know Your COBRA Rights The HIPAA Law Buying Individual Coverage Short-Term Health Insurance Health Insurance Law Tool Get an Instant Health Insurance Quote! Home Insurance Main Page Home Insurance Basics 12 Ways to Save Get an Instant Home Insurance Quote! Life Insurance Main Page Life Insurance Basics Term Life Basics Life Insurance Calculator 10 Ways to Save Life Insurance & Annuity Tax Tool Get an Instant Life Insurance Quote! Annuities Main Page Annuity Basics Variable Annuities Equity-Indexed Annuities Life Insurance & Annuity Tax Tool Get an Instant Annuity Quote! Long Term Care Insurance Main Page Long Term Care Insurance Basics 5 Sales Pitches to Beware Of 7 Pitfalls of Long Term Care Get an Instant Long Term Care Insurance Quote! --> Short Term Disability Basics Long Term Disability Basics Disability Glossary Medigap Insurance Basics The 10 Medigap Plans Get an Instant Medicare Supplement Insurance Quote! Small Business Insurance Main Page Small Business Insurance Basics Small Business Liability Tool Get an Instant Small Group Insurance Quote! Travel Insurance Basics Tips for International Travelers Expatriate Health Insurance Get an Instant Travel Insurance Quote! Standard & Poor's Fitch Auto Crash Tests & Safety Best & Worst States for Auto Rates Auto Repair Rights Health Benefits Laws By State Life Insurance & Taxes Life Insurance Calculator Small Business Coverages Workers Compensation Laws Insurance Company Guide Consumer Complaints Against Insurers Glossary of Insurance Terms A - F G - K L - M N - O P - T U - W Alabama Alaska Arizona Arkansas California Colorado Connecticut Delaware Dist of Columbia Florida Georgia Guam Hawaii Idaho Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Maryland Massachusetts Michigan Minnesota Mississippi Missouri Montana Nebraska Nevada New Hampshire New Jersey New Mexico New York North Carolina North Dakota Ohio Oklahoma Oregon Pennsylvania Puerto Rico Rhode Island South Carolina South Dakota Tennessee Texas Utah Vermont Virginia Virgin Islands Washington West Virginia Wisconsin Wyoming

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DUI / DWI Education Programs › Free Consultation Find a DUI LAWS Lawyer :: Select Your State :: Alabama Alaska Arizona Arkansas California Colorado Connecticut Delaware Florida Georgia Hawaii Idaho Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Maryland Massachusetts Michigan Minnesota Mississippi Missouri Montana Nebraska Nevada New Hampshire New Jersey New Mexico New York North Carolina North Dakota Ohio Oklahoma Oregon Pennsylvania Rhode Island South Carolina South Dakota Tennessee Texas Utah Vermont Virginia Washington Washington DC West Virginia Wisconsin Wyoming › About 1800 DUI LAWS › DUI Laws by State › DUI Arrests by State › Drinking and Driving › Your First DUI › DUI Drugs › DUI Laws Dictionary › BAC Calculator › Field Sobriety Tests › Driver License › The Science › Breathalyzers › Jail Alternatives › Ignition Interlock › Criminal Courts › Designated Drivers › DUI Insurance › DUI Schools › Tell a Friend //-- › Order Your DMV Record › Link to DUI LAWS › Contact Us › Why Expungement? › Expungement 101 › Felony Expungement › Rehabilitation & Pardon › Case Evaluation › Traffic School Info › About The Content › About The Quizzes › About The Final Exam › Student Comments › DUI Chat › For Attorneys Only › Website Development DUI / DWI Education Programs In most states, a drunk driving conviction (whether DUI, DWI, or a reduced charge, such as a "wet reckless") will result in the requirement that the offender take an alcohol education program. In many states, even if the court does not require the alcohol education program, the Department of Motor Vehicles will, in order to regain driving privileges. Drunk driving laws vary from state to state, and cases are handled differently in different areas within a state. That's why it is so important to find an experienced DUI defense lawyer near you . Click here to find one now. The length of the program, and specific program requirements, will vary from state to state. There are also different programs for a first offense DUI or DWI, second offense DUI or DWI, or third offense DUI or DWI. Click on the map below to find a list of licensed providers in your area, details about the types of programs required, and links to alcohol education programs near you. Take your Nevada DUI school completely online with OnlineDUISchool.com! OnlineDUISchool.com is designed as an alternative to a classroom DUI program, and is approved by the Nevada DMV (DUI000025947) . You may complete the program in one sitting or use your username and password as many times as necessary to complete the reading. Once you have finished OnlineDUISchool.com , you are asked to complete an evaluation of the course and we will forward the original completion certificate to the court or the agency requiring course attendance for you. The course cost includes the entire program and the certificate. Enroll now and begin immediately! If a DUI arrest is your problem, one of the DUI LAWS attorneys is the solution. Contact 1.800.DUI.LAWS lawyer near you that can help. :: Previous page :: :: top :: | Site map | Terms and Conditions | Legal Disclaimer | Privacy Policy | Contact us at 1 800 DUI LAWS | 1 800 DUI LAWS. All rights reserved.

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Bronx, New York DUI/DWI Attorneys, Lawyers and Law Firms DUI/DWI Lawyers in Bronx County, New York View all DUI/DWI Lawyers in New York Search for Premier DUI/DWI Attorneys Search by State: AL AK AZ AR CA CO CT DC DE FL GA HI ID IL IN IA KS KY LA ME MH MD MA MI MN MS MO MT NE NV NH NJ NM NY NC ND OH OK OR PA PR RI SC SD TN TX VI UT VT VA WA WV WI WY -------- or --------- Search within: 25 Miles 50 Miles 125 Miles All From Zip Code: Additional Resources How a criminal lawyer can help DUI/DWI Law (Drunk Driving) FAQs State-by-state DMV Information State laws on Drunk Driving MADD Impaired Driving Facts Alcoholics Anonymous Drunk Driving State Statisics Home -> DUI/DWI -> New York -> Bronx County Lawyers View All Bronx County Lawyers Premier Results: The Cochran Firm Criminal Defense Section Free Phone Consultation All Courts, All Crimes. Federal, State, Juvenile, Sex Crimes, Drugs, DUI, Domestic Violence, Embezzlement, etc. Available 24 Hours, for Free Consultation. Experienced Attorneys with Proven Results. Statewide, NY Send Email | Click Here for Phone Number | Visit WebSite Aaron M. Wallenstein - A New York Criminal Lawyer Free Initial Consultation Bronx DWI and criminal defense attorney who has handled thousands of cases in all NY courts. Former prosecutor. Available 24/7 for arraignments; free initial consultation. Payment plans, credit cards accepted. 160 Broadway, Suite 600 New York, NY 10038 Send Email | Click Here for Phone Number | Visit WebSite Listings for Bronx County DUI/DWI Lawyers: Bronx, NY J.L.Massas, Esq. , Jose Massas, 1136 Castle Hill Avenue Bronx County Lawyers in related fields Criminal Defense Lawyers Are you a Lawyer? List on AttorneyPages | Find Expert Witnesses | Find Legal Information / Advice | Legal Forms | About Us | Media AttorneyPages® is not a lawyer referral service and never receives any portion of any attorney's fees.We welcome feedback from visitors but are not responsible for any attorney's advice. Use of AttorneyPages.com is subject to our disclaimer, conditions of use and privacy policy.Use for marketing or solicitation is prohibited. AttorneyPages® , ExpertPages® and FreeAdvice® are trademarks and units of Advice Company ® 1997 to 2006 - All Rights Reserved - For feedback or listing information only, contact us by phone, Fax or Email: 2330 Marinship Way Suite 120, Sausalito, CA 94965, P.O. Box 1739 Sausalito, CA 94966 (415) 331-1212 - Fax (415) 331-4255

DWI) result in a

DWI DWI's In North Carolina, it is illegal to drive a motor vehicle after having consumed enough alcohol that you have an alcohol concentration of .08 or higher or while you are under the influence of an impairing substance (i.e. drugs - whether legal or illegal). This alcohol concentration can be determined by breathalyzer test or a blood test, depending on the circumstances. Most arrests for driving while intoxicated (DWI) result in a conviction. A conviction for a DWI is a misdemeanor and will result in a criminal record as well as an enormous increase in automobile insurance. If arrested, you are strongly encouraged to seek the advice and representation of an attorney. To be convicted, the prosecutor must prove the following things to the judge: (A jury does not become involved unless there is an appeal.) You were driving. You were driving a vehicle as defined in the statutes. You were driving on a highway or public vehicular area. The officer had a reason (probable cause) to stop the motor vehicle you were driving. There is evidence that you were appreciably impaired either by alcohol or drugs at the time of the arrest. http://www.ncga.state.nc.us/EnactedLegislation/Statutes/HTML/BySection/Chapter_20/GS_20-138.1.html 3-24-05 IMMEDIATE REVOCATION OF DRIVERS LICENSE AFTER BEING CHARGED WITH DWI After being charged with a DWI, your driver's license is immediately revoked for 30 days. After 10 days, you may be eligible for a limited driving privilege. The following conditions must apply to you to be eligible for this privilege: (1) at the time of the offense, you held either a valid driver's license or a license that has been expired for less than one year; (2) you do not have an unresolved pending charge involving impaired driving except the charge for which your license is revoked or additional convictions of an offense involving impaired driving since being charged with this violation; (3) the license has been revoked for at least 10 days if the revocation is for 30 days or 30 days if the revocation is for 45 days; an (4) you have obtained the necessary substance abuse assessment by a court approved registered facility. There are different criteria for a pre-trial limited driving privilege if the driver's license was revoked indefinitely. http://www.ncga.state.nc.us/EnactedLegislation/Statutes/HTML/BySection/Chapter_20/GS_20-16.5.html 3-24-05 If these conditions apply to you, you must wait at least 10 days before requesting a limited driving privilege while you are waiting for your court date. You must have completed a Substance Abuse Assessment prior to applying for the limited driving privilege. Assessment fees are set by law at $50.00. You can get your assessment through Wake County Human Services (250-1122) or another similar court approved agency. When you go to court for your limited driving privilege, you must bring with you a Petition for Limited Driving Privilege (Form AOC-CVR-9), a copy of your Substance Abuse Assessment performed by a court approved program, a Certified copy of a seven-year Driving History (cost $7.00), a valid DL-123 insurance form from your insurance agent (good for only 30 days; the court will accept a faxed copy) and three copies of a fully completed, typed, proposed Limited Driving Privilege. In Wake County, these documents must be filed with the Civil Clerk of court first at a fee of $70.00. You would then appear in front of a Wake County District Judge at the appointed time on Tuesday, Wednesday, or Thursday. There is normally a one day delay between the date you file the paperwork and the date you have the hearing. Please see our office for the appropriate forms and procedure to obtain a limited driving privilege. To be convicted of a DWI, the prosecution must show that the officer had probable cause to stop you, probable cause to arrest you and must prove beyond a reasonable doubt that you were appreciably impaired. Below is an explanation of what the prosecutor must prove. PROBABLE CAUSE TO STOP The reason or probable cause that the officer had to stop you is a matter within the police officer's professional judgment. The officer could give almost any reason whatsoever for stopping you, such as speeding, crossing the yellow line, swerving, excessively slow driving, expired inspection or registration, etc. The officer's testimony that one of these reasons existed, based on his professional judgment and years of experience is usually enough for the judge to find that the police officer had probable cause to stop you. http://www.ncga.state.nc.us/EnactedLegislation/Statutes/HTML/BySection/Chapter_20/GS_20-16.3A.html 3-24-05 PROBABLE CAUSE TO ARREST http://www.ncga.state.nc.us/EnactedLegislation/Statutes/HTML/BySection/Chapter_20/GS_20-139.1.html 3-24-05 FIELD SOBRIETY After the police officer stops you, he must also have reason to suspect that you were driving after drinking or under the influence of an impairing substance to arrest you for DWI. To prove this, the officer will indicate in court his observations about your physical appearance and disposition such as slurred speech, red and glassy eyes, the odor of alcohol on your breath or that you appeared incoherent. The officer may also use at this point what is called field sobriety test. Field sobriety tests can include reciting the alphabet forward or backwards, the pencil to eye test, the hand to nose test, walking the yellow line forward and backwards, and any other number of other coordination type of tests that the officer may think will help to determine whether you have been drinking or under the influence of drugs. ALCO-SENSOR Another type of test that the officer may use to help determine whether you have been drinking or under the influence of drugs while driving is an alco-sensor. This is what some people call the mini breathalyzer. It is a miniature hand held machine that the officers carry in their vehicle to give them a rough blood alcohol concentration reading. If, after blowing into this machine, the reading is high enough, the officer may use this result in finding probable cause to arrest you. The officer cannot, however, use this result in substitution of doing the formal Breathalyzer test downtown. http://www.ncga.state.nc.us/Statutes/GeneralStatutes/HTML/BySection/Chapter_20/GS_20-16.3.html IMPAIRMENT Finally, to convict you of a DWI, the prosecutor must prove to the court beyond a reasonable doubt that you were appreciably impaired. Evidence of impairment includes your breathalyzer reading of a .08 or above and the results of the police officer's observations of you as well as the results of the field sobriety tests. In addition, the fact that you were in an accident, your car is in a ditch, etc., can also be used against you. If you were injured in an accident and are unable to do a breathalyzer test the police officer can request the hospital do a blood test to determine your blood alcohol content. If you refuse to allow a breathalyzer test or a blood test, then your driver's licenses will be administratively revoked for 1 year, no matter the result at the trial concerning your DWI. You can be convicted of a DWI without a breathalyzer or blood test as long as the police officer has enough evidence from his physical observations and field sobriety tests. Failure or refusal to take the Breathalyzer or blood test can be used against you at trial. BREATHALYZER REFUSAL There is an automatic revocation of driving privileges for a period of one year for a refusal to submit to the Breathalyzer when stopped for suspicion of a DWI. The person may be entitled to a hearing for a limited driving privilege six months into the revocation. The person must have had a valid driver's license or it had been expired for less than one year at the time of the charge. There can be no previous refusal or conviction of a DWI within the past seven years, no unresolved DMV issues pending, no pending DWI's and no convictions since the original charge, and no accident that resulted from death or critical injury to person. The underlying charge, which resulted in the refusal, must have been finally disposed of with no conviction or a conviction under the statute that allows a limited driving privilege, and person has done an alcohol assessment as required by law. http://www.ncga.state.nc.us/EnactedLegislation/Statutes/HTML/BySection/Chapter_20/GS_20-16.2.html 3-24-05 PUNISHMENT FOR A DWI CONVICTION Once you have been convicted of a DWI, there are five levels of punishment. Level one is the most serious level. This level is for people who have had one or more convictions in the past seven years, or who are driving with a license that has been revoked due to a prior DWI, or who are driving with a child less than 16 in the car, or who have caused serious personal injury to another because of their driving while impaired. Level five is the least serious punishment that you can receive and usually is given to first time offenders. This level is for a person who has no prior convictions for a DWI and has no aggravating factors with this DWI. Aggravating factors are especially negative factors. Some aggravating factors include a very high breathalyzer reading of .16 or more, especially reckless driving, a bad traffic record that consists of at least two tickets in the past 5 years that resulted in 3 points or more on your DMV record, alluding arrest, property damage, speeding in excess of 30 mph or being uncooperative with the police officer, etc. When you blow .16 or higher on the Breathalyzer, then you will be required to have a ignition interlock system installed in your vehicle at a cost of several hundred dollars and a monthly monitoring fee. http://www.ncga.state.nc.us/EnactedLegislation/Statutes/HTML/BySection/Chapter_20/GS_20-17.8.html 3-24-05 Mitigating factors are positive factors, which can be used to help balance out the negative factors. Mitigating factors can be slight impairment with an alcohol concentration not exceeding .09, driving safely at the time of the stop, a good driving record in the past 5 years, or voluntarily doing an alcohol assessment program at an approved facility before you go to court. http://www.ncga.state.nc.us/EnactedLegislation/Statutes/HTML/BySection/Chapter_20/GS_20-179.html 3-24-05 Generally speaking, if there was no accident at the time of the arrest, you have no prior convictions for DWI, you were cooperative with the police officer, and the breathalyzer reading was between a .08 and about a .12, you are probably going to be found guilty of a level five. COSTS, FINES, and COMMUNITY SERVICE REQUIREMENTS Costs include $100.00 for court costs, a fine up to $200.00 for a Level Five offender, a $50.00 alcohol assessment fee, a $50.00 license restoration fee and a community service fee of $200.00. In addition to these immediate costs, you will have attorney' fees and an increase of up to 450% on your insurance. For a Level Five offender, you have to do 24 hours of community service (within 30 days). Finally, you have to do an alcohol assessment program through an approved facility if you have not already done so before court. http://www.ncga.state.nc.us/EnactedLegislation/Statutes/HTML/BySection/Chapter_20/GS_20-179.4.html 3-24-05 LICENSE REVOCATION FOLLOWING CONVICTION OF DWI After going through the court process, paying fines and complying with all the other terms and conditions that the judge will impose on you, the next problem you have to face will be with the Department of Motor Vehicles (DMV). The DMV will revoke your license for a one-year period after you have been convicted of a DWI for a level Five. If you have not had any prior convictions, at the time you are in court before the judge, you or your attorney can request a limited driving privilege, if you meet the criteria. A limited driving privilege allows you to drive for the purposes of work, community service, court-ordered treatment and school in a limited specific geographic area during limited specific hours. A limited driving privilege will usually allow you to drive essentially from 6:00 am until 8:00 pm Monday through Friday within the conditions stated above. If you need to drive outside of these standard hours or on weekends, you would need special permission from the judge. Reasons for this variation might include your job or your family. http://www.ncga.state.nc.us/EnactedLegislation/Statutes/HTML/BySection/Chapter_20/GS_20-17.html 3-24-05 http://www.ncga.state.nc.us/EnactedLegislation/Statutes/HTML/BySection/Chapter_20/GS_20-17.2.html 3-24-05 http://www.ncga.state.nc.us/EnactedLegislation/Statutes/HTML/BySection/Chapter_20/GS_20-179.3.html 3-24-05 If you have had a DWI conviction in the past seven years you are not eligible for limited driving privilege. A limited driving privilege is considered to be exactly that, a privilege. If you are caught driving outside of your hours, geographic region, assigned purpose or if you are driving with any amount of alcohol in your blood whatsoever, even as little as a .01 or .02, you can lose your limited driving privilege. The police officer only has to suspect you have been drinking. The level of proof is appreciably less than what was required for a conviction of a DWI. If you lose that privilege, you are not allowed to drive at all during the year that your license is revoked and you will be charged with driving while license is revoked. INSURANCE INCREASE Finally, the other consequence of your DWI conviction is the fact that your insurance will go up approximately 450% as a result of this conviction. This new insurance rate will remain in effect for the next three years following the conviction for the DWI. While you should shop around with other insurance companies to determine if you are going to get a better rate, you can expect to pay about 4 times what you had been paying for insurance. HIRING AN ATTORNEY Because of the serious nature of a DWI arrest and the potential for jail terms, loss of license, heavy fines, and a criminal record, it is advisable to be represented by an attorney during the court proceedings. You always have the right to hire your own attorney. The attorney's fee will vary according to the attorney and the seriousness of the offense. The advantage to hiring your own attorney is you get to choose who that attorney will be. You also have the option to request a court appointed attorney. To qualify for a court appointed attorney, you must complete an Affidavit of Indigency, showing your income and your expenses. If after completing this form, the judge decides that you cannot afford an attorney, he can appoint one from a list of attorneys that do court appointed work. You have no voice in who the judge will appoint to represent you. Some counties have a Public Defenders Office who will be appointed to represent you if you so request and qualify for that service. If you use the services of the court appointed attorney or a Public Defender and you plead guilty or are found guilty, the judge will order you to reimburse the State of North Carolina for using a court appointed attorney. The amount that you have to pay varies according to how many hours your attorney worked on your case. Generally speaking, the judge will order you to pay $100.00 - $250.00. This amount is normally less than what you would have to pay for a private attorney. Due to the seriousness of the offense, the NC general Statutes make it extremely difficult to plea bargin a DWI to a lesser offense or to just dismiss the charges outright. You will need an attorney to assist you in dealing with the legal proceeding. http://www.ncga.state.nc.us/EnactedLegislation/Statutes/HTML/BySection/Chapter_20/GS_20-138.4.html 3-24-05 SPECIAL PROVISION FOR DRIVERS UNDER 21 It is illegal in North Carolina, for a driver under the age of 21 to drive while consuming alcohol or with any level of alcohol in their system. Even if the driver blows much less than .08, such as .01 or .02, the driver can be charged with a violation of this law. This law is punished the same as a DWI. Thus, the driver would be subject to a license revocation, insurance increase, and the same levels of punishment as discussed above. http://www.ncga.state.nc.us/EnactedLegislation/Statutes/HTML/BySection/Chapter_20/GS_20-138.3.html 3-24-05 http://www.ncga.state.nc.us/EnactedLegislation/Statutes/HTML/BySection/Chapter_20/GS_20-13.2.html 3-24-05 http://www.ncga.state.nc.us/EnactedLegislation/Statutes/HTML/BySection/Chapter_20/GS_20-17.6.html 3-24-05 This is general information about DWI and is not intended to be a substitute for legal advice as it relates to your particular situation. Consult with our office to discuss how your particular facts relate to the law. Please make an appointment to see an attorney at University Student Legal Services (515-7091) to discuss these laws as they apply to your particular circumstances.