Legal Question in DUI Law in North Carolina

aiding and abetting a dwi

my husband was recently charged with dwi while i was in the car. after leaving the scene and arriving at the jail to pick him up, the officer issued me a ticket for aiding and abetting him to dwi. i am just wondering how ''serious'' this charge is and should i seek legal representation...? what are the effects it may have on me if i don't seek legal representation?

Asked on 4/10/03, 1:52 pm

1 Answer from Attorneys

Jim Griffin The Law Office of James L. Griffin

Re: aiding and abetting a dwi

Overzealous law enforcement, I'd say. What did your husband blow on the machine? If it was rather high you could possibly face an aiding/abetting charge. Were you impaired? Were you asked to blow in the machine? If convicted, you would face the same punishment of a 1st time DWI offender.

Aider and Abettor Punishment. - Notwithstanding any other provisions of this section, a person convicted of impaired driving under G.S. 20-38.1 under the common law concept of aiding and abetting is subject to Level Five punishment. The

judge need not make any findings of grossly aggravating,g factors in such cases.

Level Five Punishment. - A defendant subject to Level Five punishment may be fined up to two hundred dollars ($200.00)and shall be sentenced to a term of imprisonment that includes a

minimum term of not less than 24 hours and a maximum term of not more than 60 days. The term of imprisonment may be suspended. However, the suspended sentence shall include the condition that the defendant:

(1) Be imprisoned for a term of 24 hours as a condition of special probation; or

(2) Perform community service for a term of 24 hours;


(3) Not operate a motor vehicle for a term of 30 days;


(4) Any combination of these conditions.

As you can see, a conviction can carry some serious consequences, and I would advise you to seek legal assistance on this one. I do not know where you are located but if you want to speak further about this you can email me at:

[email protected]

Good luck.


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Answered on 4/10/03, 11:23 pm

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