For a low BAC DWI in North Carolina should I plead not guilty?

If you are charged with a North Carolina DWI, and you don't have an attorney present with you at your arraignment you should plead not guilty. That will give you an opportunity to hire and meet with a defense attorney who can review the facts in your case and advise you if you should fight the charge, change your plea or hope to negotiate a plea bargain to a lesser charge.

In North Carolina, if your BAC tests .08 or higher you are charged with DWI. However, if your BAC was under .09 you might receive a reduced penalty if convicted and:

• if this was your first offense
• you are not underage
• there were no other aggravating circumstances such as excessive speeding or an accident

Because even a first DWI is extremely serious, you should always consider fighting the charges in the hopes that you can avoid the penalties associated with a North Carolina DWI conviction. And, if this DWI arrest was your second one within three years, the penalties become even harsher.

In North Carolina, a first time DWI conviction carries the following penalties or punishments:

• Your drivers license will be revoked for one year.
• Once your driving privileges are restored, you will have your blood alcohol content level lowered for three years to just .04.
• Fined between $200 - $4,000
• Minimum punishment is 24 hours in jail, or 24 hours of community service or any combination of each.
• Maximum punishment for a first time DWI is between 30 days and 2 years.

If this DWI is your second one in three years, and you are convicted your license will be revoked for four years, your blood alcohol content drops to zero for seven years and the minimum punishment is a $2,000 fine and jail time from one week all the way to one year.

Even if your BAC test was low, you have still been arrested for DWI and if convicted that is what the record will show, a DWI conviction. Don't take chances, and don't plead guilty without first having the opportunity to talk with a drunk driving defense attorney. There is too much at stake.