Legal Question in DUI Law in North Carolina

I was charge with an dui a couple years ago hired an lawyer got charge with another one last year pleaded guilty to the last one judge charge me with level 2 dui probation 7 days in jail and class before I was convicted for the first one with just got dismiss Tuesday so therefore I'm an level 1 dui what can I do

Asked on 10/18/18, 8:44 pm

1 Answer from Attorneys

Amanda Houser The Houser Law Firm, P.C.

What can you do? First and foremost - stop drinking and driving. Second, get your terminology straight - in NC it is DWI. Third, go consult with a local experienced DWI attorney ASAP because how you have described things does not make sense. If you were charged with a DWI and then got charged with a second DWI before the first one is resolved and you plead to the second one (likely a not smart decision) before the first one is resolved, then the Judge's sentence of level two for that second DWI is likely correct. If the first DWI then later gets dismissed - count your self lucky but that should not change your sentence on the second DWI to level one or have any other impact at all. So I have no idea where you are coming up with the idea that you may now be a level one - unless you are referring to a third charge of DWI or possible future DWI's or perhaps, the fist DWI didn't get dismissed as you stated and you are facing sentencing on that one - in which case, if you are convicted, you are likely gonna be a level one and see some serious jail time. Personally, I have always though using a pending charge of DWI to increase your level of punishment for a different DWI charge is unfair and unconstitutional. I suppose you can thank the MADD mom's for that. I guess they don't like it when drunk drivers kill their kids. Had you handled the first charge of DWI differently, you would likely have been looking at way lesser sentences. Of course, you can always chose not to drink and drive and you would not have to deal with this sort of thing at all. Best of luck.

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Answered on 10/19/18, 8:10 am

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