|
|
Last
Modified on
Jun 04, 2026
Driving While Impaired (DWI) in North Carolina, is usually a misdemeanor charge, but that doesn’t mean you can afford not to take it seriously. The question is, what happens following DWI arrests near Greene Street in Greensboro?
The Arrest Process
It doesn’t matter whether you were pulled over individually or stopped at a checkpoint. The police must follow set procedures when they arrest you for a DWI. They may:
- Stop your car
- Perform field sobriety tests
- Perform a PBT
- Determine whether you should be taken to the police station
- Perform additional chemical testing at the station
- You may receive a secured bond or you may be released on your own recognizance pending the trial.
- You will generally lose your driver’s license for 30 days.
You are allowed to refuse field sobriety testing in North Carolina, but not chemical testing. However, if you do refuse chemical testing, your license will be revoked for one year. You give your implied consent to chemical testing when you get behind the wheel of any car in the Tar Heel State.
When you’re arrested, you’ll be taken to the Guilford County Detention Center located at 201 S. Edgeworth Street. You should request a lawyer immediately, and you should not speak with the police without your lawyer present.
The Trial Process
If you have been arrested for a DWI, you can either plead guilty and accept a plea agreement or take your case to trial. You can ask your Greensboro DWI attorney for advice regarding which of these solutions is right for you, given the circumstances of your case. If you opt to take your case to court, here’s what you should expect:
- Pre-trial motions. Your attorney can file motions to keep evidence from going to trial or dismiss your case.
- Trial. Your attorney introduces evidence and interviews witnesses, presenting a coherent case in your defense.
- Sentencing. If you’re found guilty, you’ll undergo sentencing, where your punishment will be determined.
Your attorney can provide you with representation and advice throughout this difficult process.
Determining Your Charges
The exact charges and punishment you face will depend on your age, your driving record, and whether there were aggravating or mitigating factors present in your case. First-time offenders over the age of 21 with no prior DWI convictions and no aggravating factors don’t always face jail time. If there were aggravating factors, such as, excessive speeding, or causing property damage, your punishment may be more severe.
North Carolina has a six -tiered system for determining the severity of misdemeanor DWIs, with Level V being the least serious and aggravated Level I the most. Here’s what you can expect in terms of sentencing for each charge:
- Level V. 1-60 days in jail, fines of up to $200.
- Level IV. 48-120 days in jail, fines of up to $500.
- Level III. 72 hours to six months in jail, fines of up to $1,000.
- Level II. Seven days to 1 year in jail, fines of up to $2,000.
- Level I. 30 days to 2 years in jail, fines of up to $4,000.
- Aggravated Level I. 120 days to 3 years in jail, fines up to $10,000.
You could also face a felony DWI charge if you’ve had three prior convictions within ten years.
DWI Statistics
There were 537 alcohol-involved crashes in Guilford County in 2022. In 2024, there were 959 DWI convictions in the county. Of those convictions, 92% stemmed from guilty pleas. Another 8% were the result of bench trials, and less than 1% were obtained via jury trials. The majority of DWI charges, at 58%, were Level V DWIs. Only 3% of all DWIs were aggravated Level 1 charges.
FAQs
How Long Do You Go to Jail for a DWI in NC?
How long you go to jail for a DWI in NC depends on your driving record and whether there were grossly aggravating factors present. Misdemeanor DWIs are punished according to a six -tiered system. Level 5 DWIs typically lead to between 1 and 60 days of jail time, while aggravated Level 1 offenses are punishable by 1 to 3 years in prison. Punishments are set by N.C.G.S. 20-179.
What Happens After Your First DWI in NC?
After your first DWI in NC, you’ll undergo an immediate 30-day civil license suspension, with the possibility of a one-year revocation upon conviction. You may face between one and 60 days in jail, though this sentence is frequently suspended in favor of probation or community service, up to $200 in fines, and a mandatory substance abuse assessment.
Does a DWI Stay on Your Record Forever in NC?
A DWI stays on your record forever in NC. Once you are convicted, the conviction cannot be expunged and will appear on standard background checks for the rest of your life. The lookback period for sentencing is seven years, and insurance companies will factor your conviction into your auto insurance rates for five years.
What Happens in NC if They Charge You With DWI, and You’re Under 21?
What happens in NC if they charge you with DWI while you’re under 21 is that you’ll face an additional Class 2 misdemeanor charge of Driving After Consuming Under 21 Penalties upon conviction include up to 60 days in jail, a mandatory one-year license revocation, $1,000 in fines, community service, and a mandatory substance abuse assessment.
Hire a DWI Lawyer Today
If you’re facing any sort of DWI charges in North Carolina, you need to hire a Greensboro DWI attorney to help you with your case right away. The team here at LAWSMITH, The Law Offices of J. Scott Smith, PLLC, can help. We’ve been practicing criminal defense law for years, and in that time, we’ve developed a clear understanding of how to leverage DWI laws to get our clients the results they need.
Let us help with your DWI case. Contact us to schedule an initial consultation today.
