Driving While Impaired (DWI)

DWI is an acronym that applies to the operation of a motor vehicle and a violation of driving laws.  DWI stands for driving while intoxicated or driving while impaired.   North Carolina law prohibits drivers from operating their vehicle under the influence of alcohol.

A DWI offense results when a driver is stopped by law enforcement and found to have a blood alcohol level at or above the legal limit.  The legal blood alcohol concentration (BAC) level is .08, or 8 grams of alcohol per 100 deciliters of blood.  Any driver who is stopped for erratic driving or whom an officer suspects has been drinking can be asked to take a breath test or blood test.  Refusal of a test for a potential DWI offense is the same as admission of guilt.

Individuals convicted of an impaired driving offense in the State of North Carolina have six (6) months from the conviction date to obtain a DWI Substance Abuse Assessment and complete the recommended education or treatment program.  Those who do not complete the Substance Abuse Assessment and education or treatment program within the six (6) months period may be ordered back to court for failure to comply with the court order.

Persons convicted of an impaired driving offense in North Carolina cannot obtain a drivers license in North Carolina or in any state until they complete the DWI Substance Abuse Assessment and Treatment Recommendation.

What is a DWI Assessment?

A DWI Assessment is an alcohol and drug abuse evaluation consisting of a clinical interview by a certified or licensed assessor utilizing a structured DWI assessment instrument to determine if a person has a problem with alcohol or drugs.

The 1 hour DWI assessment will yield an alcohol or drug dependence, alcohol or drug abuse, or no alcohol or drug “handicap;”  and will require the use of  North Carolina’s  “508 Form.”   The 508 Form is the official form that the Department of Motor Vehicles (DMV) will need to verify that an individual has completed all Driving While Impaired requirements in order to get a Driver’s License restored.  An individual will also need to have an Assessment to get a Limited Driving Privilege during the 30 day “Civil Revocation” that occurred when the individual was arrested.   The “Civil Revocation” period is when the individual’s driver’s license is taken on the spot during the arrest.

However, if an individual refuses the Breathalyzer, the individual must have both the DWI Assessment and Treatment completed before requesting a Limited Driving Privilege.

A DWI Assessment before trial will give the individual a mitigating factor, possibly lowering the level of punishment.  The first things an individual might want to do after the Driving While Impaired arrest is to get the DWI Assessment completed and contact an attorney.  This will make the rest of the process much easier.   It will help an individual get a driving permit after 10 days during the “Civil Revocation” period.

The following items must be brought to the Assessment appointment:

1. A $100.00 Assessment Fee;
2. A certified copy of  the Driving Record dated within the last 6 months;
3. The breathalyzer or blood test results obtained at the time of arrest; and,
4. The DWI Ticket or Citation.

To schedule a DWI Assessment appointment online CLICK HERE

or call 252-585-4133 / 252-410-0544.