Are all drunk driving offenses treated the same, regardless of the amount of alcohol consumed?
No, all drunk driving offenses are not treated the same, regardless of the amount of alcohol consumed. In North Carolina, the legal limit for blood alcohol concentration (BAC) is 0.08%. If your BAC is 0.08% or higher, you can be charged with Driving While Impaired (DWI) or Driving Under the Influence (DUI). However, if your BAC is higher than 0.15%, you will face harsher penalties than an individual with a BAC in the 0.08%-0.15% range. In addition, North Carolina also has an “aggravating factor” provision where certain DWI/DUI offenses with a BAC of 0.15% or higher can be charged as a gross misdemeanor. This means that if a person is found operating a motor vehicle with a BAC of 0.15% or higher, they may face additional penalties such as increased fines, longer license suspension, community service requirements, and even up to 30 days in jail. The severity of the punishment for a DWI or DUI offense in North Carolina depends on a number of factors including the amount of alcohol consumed, the individual’s prior driving record, and the circumstances of the accident. A qualified attorney-at-law can help individuals accused of a DWI or DUI to understand the charges and penalties they may be facing in order to best protect their legal rights.
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