Legal Question in DUI Law in North Carolina

I was charged with DUI in NC last month. There was no breathalyzer but a blood test, which I have yet to see the results of. If I was legally drunk it was barely. My wife didn't think I was. Though we bought the car together (with my trade in) the car was put in her name due to my credit history. Because it's registered to her, she was charged with aiding an abetting. I've hired an attorney to defend me on the DUI charge and we, therefore, cannot afford to hire one to defend her. What possible penalties is she facing? What's her realistic expectation? And should she plead guilty or go to trial?

Thanks for any advice you can provide.


Asked on 10/27/11, 3:07 pm

1 Answer from Attorneys
Clarke Dummit Dummit Fradin (Winston-Salem Office)

Under North Carolina General Statute 20-138.1 there is no such thing as a DUI (Driving Under the Influence) in North Carolina; the standard in North Carolina is "Appreciable Impairment." Appreciable Impairment is a higher legal standard than simply being under the influence. The State must prove Driving While Impaired (DWI).

The theory of Aiding and Abetting is a common law theory which results in the person being guilty of the actual crime if convicted. Thus you should NOT plead guilty to Aiding and Abetting a DWI you you will be sentenced as having been convicted of a DWI. (There is a provision that the sentencing will always be at the lowest level: Level 5)

If convicted on Aiding and Abetting the sentencing is pursuant to level 5 punishment. The details of this punishment are listed at NCLawyer. You do need to hire an attorney for this charge, it is too serious to go unrepresented.

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Answered on 10/27/11, 4:40 pm


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