North Carolina DUI/DWI Law

Like many states in the US, North Carolina’s DUI/DWI laws are extremely strict. If convicted of a DUI or DWI in the State of North Carolina you can face serious consequences. Penalties for a DWI can include fines, suspension of your license, and imprisonment. Ignorance of DUI and DWI law is not a valid defense when charged.

Which is it?  DUI or DWI?

In North Carolina, when one is charged for driving a vehicle on a public road (or parking lot) while subject to an impairing substance, it is called “Driving While Impaired,” or DWI.  Other states may call it “Driving Under the Influence,” or DUI.

When Can You Be Charged with a DWI?

Someone can be charged with a DWI if they operate a vehicle under the influence of a substance that impairs their ability to drive while on a public road or “public vehicular area,” or in other words, in a parking lot. 

Substances that lead to a DWI charge:

• Alcohol
• Illegal Drugs
• Certain Prescription Medications

Of all the substances listed above, alcohol is the most common cause of DWI charges. In North Carolina, the legal limit of blood alcohol concentration (BAC) for drivers over the age of 21 is 0.08 (grams of alcohol per 210 liters of breath). For motorists under 21, the limit is 0.01. A driver found to be operating a vehicle over these limits will likely receive a DWI charge.

Before driving, always make sure your blood alcohol content is below the legal limit. If you are unsure of your BAC, it is best to arrange for a ride. 

How DWI is Determined by the Authorities

The authorities use field sobriety tests to determine someone’s ability to drive. 

Standardized Field Sobriety Tests (SFST):

• The Horizontal Gaze Nystagmus (HGN) Test
• The Walk and Turn Test
• The One Leg Stand Test

In addition to the SFSTs, the authorities can also administer a breathalyzer test to check your BAC.

The authorities can administer a sobriety test anytime there is evidence of a driver’s impairment. Failing a roadside sobriety test will, almost always, result in a DWI charge.   

What to do After Receiving a DWI

If you have been charged with drinking and driving, you should seek out a North Carolina DWI lawyer. They will be able to provide the best counsel for trying the case or negotiating the most lenient sentence possible.  In North Carolina, the General Assembly created very strict laws regarding DWI dismissals, requiring that prosecutors explain in writing anytime they dismiss a DWI.  For that reason, a DWI is rarely dismissed.  That is one reason why you should always hire an experienced lawyer anytime you are charged with DWI in North Carolina.

If you have already been convicted, an experienced lawyer can even help you appeal the guilty verdict, if you act in time.

Knowing your rights is the most important part of any legal process. If you have received a DWI, seek out a legal professional for help as soon as possible.

Car accidents can have severe consequences for all involved. Whether you are unable to work because of an injury, have incurred debt from medical bills, or have drained your savings paying for your vehicle to be repaired or replaced–car accidents bring significant complications that will likely have a negative impact on your finances.

By taking legal action, you can recover damages (financial restitution for what the accident has cost you) and start getting your life back to normal. Many North Carolina car crash cases are resolved in a settlement outside of court, but sometimes the two sides cannot reach an agreement about how much you should be compensated for your injuries. Filing a lawsuit may seem like an intimidating process, but it may be the only way for you to get your life and finances back to where they should be.

When Should I Get An Attorney?

Legal representation is advisable when there are signs of negligence on the part of the other driver. Having an attorney will help ensure that you are compensated fairly for the accident.

A few examples of behaviors that may indicate negligence are if the other driver was operating their vehicle while: 

• Texting
• Talking on the phone
• Under the influence of drugs or alcohol
• Falling asleep
• Tailgating
• The vehicle is not street safe (i.e. broken taillights)
• Otherwise operating their vehicle in an unsafe manner

Some of these circumstances will be obvious and others will come out in the police report. Still, other circumstances indicating negligence may only come out after filing a lawsuit in a process called “discovery.”  The presence of any one or a combination of such circumstances may impact your level of compensation for your injuries.

If you recall any of these actions in relation to your accident, be sure that your attorney is aware of them so you can be fairly compensated.

What Compensation Am I Entitled To?

Receiving compensation for damages can be of great help when dealing with the after-effects of your car accident. Financial compensation for a car crash can come from a number of factors and you can file a suit for any combination of them as they pertain to the accident.

Depending on the circumstances of the wreck, the following factors may come into play in North Carolina when determining what damages you are owed:

• Medical expenses
• Lost wages
• Emotional distress
• Car repairs or replacement
• Permanent scarring or disfigurement
• Permanent disability
• Pain and suffering

If you are able to prove the claims filed in the suit, you will typically be reimbursed by the other driver’s insurance provider. Your attorney will help you identify the parties to name in your suit and strategize the best course of action for your circumstances.

A Word of Caution

Be aware that the other driver’s insurance provider may reach out to you after the accident. Keep in mind that they are incentivized to defend their bottom line–that means that whatever they offer you, if anything, will almost certainly be much less than you deserve. 

So, be sure to speak to a credible attorney before agreeing on anything to do with the wreck.

An experienced attorney can help you maximize your financial compensation following a car crash. An experienced lawyer will also help protect you from being taken advantage of by insurance providers.

Conclusion

An attorney who is experienced with car accidents and North Carolina personal injury law will know how to structure your lawsuit in service of your best interests. In order to successfully hold the other driver financially accountable, you must prove that their negligent behavior caused the crash and that your injuries resulted from the accident. The process of proving that the other driver is culpable in the accident and responsible for your injuries is a complex legal process. You will want to make sure you have an experienced attorney to guide you to the best outcome possible.

Scooters, once, were considered viable methods of transportation–for residents of North Carolina–who did not want to pay for insurance or to register their vehicle. However, since about 2014, North Carolina has classified scooters as “mopeds” or “motorcycles” which means they must be inspected, registered, and insured before they can legally be driven on the streets.

When is a Vehicle Legally a Moped?

You likely found this blog because you wanted to know what North Carolina law requires in order to legally drive your scooter.

A scooter qualifies as a “moped” when it:

• Has three or fewer wheels
• Has a motor of less than 50 CCs
• Has no gear shifter (outside of the motor)
• Goes no faster than 30 miles per hour 

If your scooter fits within the above criteria, then it is officially considered a “moped” under North Carolina law. As such, you should continue reading to find out what is needed to drive it legally.

How Do I Make My Moped Street Legal in North Carolina?

Mopeds, as defined above, must be insured, registered with the Division of Motor Vehicles (DMV), and regularly inspected for safety and emissions (N.C.G.S. §§ 20-4.01(27)j, 20-50, 20-52, and 20-309) to be driven legally in the state of North Carolina.

In addition, scooter drivers and passengers have to wear DMV approved helmets when on the road.

Meeting these requirements, as well as obeying general traffic laws, will allow you to drive your scooter with confidence on NC streets.

But a word of warning:  if a scooter can go faster than 30 miles per hour, it is important that the driver keep the speed below 30 miles per hour because otherwise, the scooter will probably be considered a motorcycle.  If the driver doesn’t have a motorcycle endorsement or learner’s permit on his/her driver’s license–or has no driver’s license–the driver may get a ticket for driving a motorcycle without a license.

The Benefits of Driving a Scooter in North Carolina

While the added regulations created by designating scooters as “mopeds” or “motorcycles” make them less convenient to drive in North Carolina than it was before 2014, there are still many advantages to owning a scooter.

When compared to other vehicles, there are several advantages to driving a scooter. Namely:

• Better fuel efficiency
• Lower purchase price
• Smaller storage/parking needs

Although, the biggest advantage of driving a scooter in North Carolina—as long as it qualifies as a “moped” as described above—is likely that the operator does not need to have a driver’s license to take it on the roads (N.C.G.S. § 20-7). So, while it may be more expensive to own and maintain a scooter now than in the past, the good news is you still don’t need a license to drive one. 

If you have received a citation for operating a scooter in North Carolina or have questions about scooter law, contact us today.