DWI INFORMATION SHEET - LEVEL TWO PUNISHMENT

Please read and review this information carefully. Do not hesitate to contact my office if you have any questions or concerns. My phone number is 252/931-9362, and my email address is keith@williamslawonline.com. My website is williamslawonline.com.

• I will be doing everything possible to have you found not guilty. I need to advise you for the record, however, regarding the maximum punishments that could be imposed if you are convicted.
  • You will likely receive probation if you are convicted. The period of probation will be approximately twenty-four months. However, as a condition of probation, the judge will be required to give you a minimum of seven days in jail and a maximum of twelve months. You are also permitted to spend seven days in inpatient alcohol treatment (at your own expense) to substitute for the seven days of jail time so that you do not have to serve any time in jail.
  • You will also be required to pay court costs and a fine. Court costs are $120.00, and the fine can be a maximum of $2,000.00. You will need to be able to pay the court costs and fine on the day that we dispose of your case in court.
  • You could also be required to meet other conditions, such as performing community service, attending AA meetings, etc. The judge has wide discretion in setting conditions of probation.
  • DWI is a class 2 misdemeanor. It is not a felony, and it does not cause you to lose the right to vote or to own a gun. If you are placed on probation, however, one of the conditions of probation will be that you possess no firearm or other dangerous or deadly weapon during the period of probation. If you hunt or otherwise own guns, please let me know so that we can ask the judge to waive this condition in your case.
• Your sentence will be determined based upon "aggravating" and "mitigating" factors. One of the mitigating factors that can reduce your punishment is getting a substance abuse assessment. To get an assessment, you need to call East Coast Counseling in Greenville at 252/752-8602.
  • They will schedule an appointment for you to meet confidentially with a substance abuse counselor who will ask you a series of questions about your use of drugs and alcohol. At the end of the appointment, the counselor will complete a form entitled "Substance Abuse Assessment." It will recommend that you either take a routine drug and alcohol class or that you receive some type of drug and alcohol treatment.
  • You will need to take a copy of your ticket, your intoxilyzer test results, and your driving record to the appointment. I will give these documents to you.
  • You need to tell East Coast Counseling that I am representing you and that your assessment form should be faxed to my office at 252/830-5155.
  • You should register for any class or treatment that is recommended by the assessment. If you finish the classes or treatment prior to the time we dispose of your case in court, it may help us further reduce your punishment.
  • The cost of the assessment is $100.00. You will pay this fee directly to East Coast Counseling.
  • If you are from outside North Carolina, you should still get the assessment and any treatment done in North Carolina, unless you speak with me first about arrangements for out-of-state assessments and treatment. It is more difficult to satisfy the requirements of North Carolina law with out-of-state assessments.
  • If you decide to get seven days of inpatient alcohol treatment as described above, then you will not need to get a substance abuse assessment from East Coast Counseling.
• In addition to whatever punishment is imposed in court, the North Carolina Division of Motor Vehicles (DMV) will also suspend your license.
  • If you received your prior DWI ticket within three years of when you received your new DWI ticket, the suspension of your license will be for four years. You will not be able to get a limited privilege from the court. In addition, DMV will not give you a limited license for at least two years. However, after the first two years of your suspension have ended, you will be able to request a limited license from DMV in a hearing with a DMV hearing officer. At the very least, DMV will want to see that you have stopped using any alcohol or drugs, that you are attending AA or a similar program, and that you have not driven during the time that your license is suspended.
    • In addition, you are probably subject to a requirement from DMV that you not blow above .04 on an intoxilyzer. This condition was probably imposed on your license by DMV after your first DWI. If this condition applies to you, please note that DMV may be sending you a letter shortly stating that your license is revoked for twelve months. Please advise me immediately if you receive any correspondence from DMV. Also, please be sure that DMV has your current, correct mailing address.
  • If you received your prior DWI ticket more than three years before you received your new DWI ticket, the suspension of your license will be for one year. You will not be able to get a limited driving privilege during the revocation.
  • The suspension will start on the day you are convicted. If you have an out-of-state license, your privilege to drive in this state will be revoked for twelve months, and DMV will report your conviction to your home state. Your home state will also likely suspend your license.
  • If you received your DWI ticket within the last thirty days, and if you blew .08 or higher on the intoxilzyer, your license is currently suspended for thirty days. You cannot drive during the first ten days of the suspension. Thereafter, you can drive with a twenty-day limited driving privilege for the remaining twenty days of the suspension.
  • Before getting a twenty-day privilege, however, you must obtain a substance abuse assessment as described above and register for any recommended treatment.
  • At the end of the thirty-day suspension, you will get your license back by paying $100.00 to the criminal clerk of court located on the fourth floor of the Pitt County Courthouse. If you bring the $100.00 to my office, we will pay the fee and get your license for you. It is important that you pay the $100.00 as soon as the thirty-day suspension ends, because failing to do so would cause you to suffer increased punishment if you are charged with a DWI in the future.
  • Also note that the thirty-day license suspension is entirely separate from the twelve-month or four-year license suspension described above. The thirty-day suspension starts on the day you receive your DWI ticket. It ends thirty days later (or whenever you pay your $100.00 fee to the clerk). After you pay your fee to the clerk, you get your license back, and you can drive without restrictions until we dispose of your case in court. If you are found not guilty, you will continue to drive without restrictions. If you are found guilty, you will turn in your license on your court date and begin the twelve-month suspension or the four-year suspension described above.
  • If you need some form of identification from DMV during the thirty-day suspension, you can get an identification card at your local DMV office. If you do so, however, you will need to return to DMV after your thirty-day suspension ends and get a duplicate license. Failure to get a duplicate license will mean that DMV will not have you listed as a licensed driver, which could cause you to be charged with driving while license revoked. However, if you do not get an identification card from DMV during the thirty-day suspension, you will not need to get a duplicate license from DMV at the end of the thirty-day suspension. You will simply drive with your original license.
• Your case is currently in district court, where traffic and misdemeanor cases are handled. It will be decided by a judge, not a jury. If you are convicted, you will have the right to appeal your case within 10 days of the date of your conviction. The appeal would be to Superior Court, where you would receive a jury trial. If you want to appeal, you will need to let me know at the time you are convicted.
• At some point before your case is disposed of in court, I will speak with the officer who issued your DWI ticket. I will ask him about the facts of the case. I will also ask him whether he took any videotape in your case. If he did, I will attempt to view the videotape prior to court. I will also try to review his notes and records from the day he arrested you.
• Please be sure that you dress appropriately for court. For men, this means wearing a coat and tie and being clean shaven. For women, this means wearing a dress that is loose and professional. You should be conservative and respectful in your dress and in your attitude while in court.
• It is important that you understand your case and that I answer any questions you may have. Please be sure to contact my office if you need further information. If I am not available and you leave a message, I will do everything possible to return your call within 24 hours.

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