DWI/DUI Lawyer

Standardized Field Sobriety Tests in Wilmington, NC

While North Carolina law requires you to submit to one or more chemical tests if you are arrested for a DWI, there is no law requiring you to take one or more standardized field sobriety tests (SFSTs).

SFSTs are used by the police to gather clues that you have impaired judgment or motor skills due to alcohol or drugs. The officer will ask you to perform physical and/or cognitive tests and will carefully observe you throughout the process. The officer is looking for specific clues depending on the test, such as your inability to maintain your balance.

There are three tests standardized by the National Highway Traffic Safety Administration:

Horizontal Gaze Nystagmus Test

When you look to the side, your eyes make involuntary jerking motions. When you are intoxicated, these jerking motions are said to be exaggerated, especially when you look far to one side or the other. The officer will have you stand still, look at a specific object, and then follow that object with your eyes only. The officer is observing the involuntary motions of your eyes.

Walk and Turn Test

You will be asked to stand with the heel of one foot touching the toes on your other foot with your hands at your side. Then you will be given instructions to take nine heel-to-toe steps, counting aloud, turn, and then return in the same way. The officer is observing whether you can follow instructions, have to stop and start while you walk, do not touch your heel to your toe, lose your balance, use your arms to balance or take the wrong number of steps.

One Leg Stand Test

You will be asked to stand with your feet together and your arms at your side while you listen to instructions. You will then be asked to raise one foot about six inches off the ground with your foot remaining parallel to the ground. Then, you must count aloud until you are told to stop. The officer will observe whether you sway, use your arms to balance, put your foot down or hop.

You do not have to take these tests during a DWI investigation. Officers very often administer and grade these tests wrong. They may wish to see signs of inebriation and, therefore, will find them. No matter how sober and capable you are, an officer may find clues he believes demonstrate you are impaired.

Whether you comply with one or more SFSTs or not, we recommend you contact a DWI defense attorney as soon as possible.

North Carolina DWI Sentencing

North Carolina DWI charges and sentencing are complicated. There are six levels of potential penalties. No matter what level you face, whether it is the lowest Level V or the more severe Level I DWI, call a DWI lawyer for help as soon as possible.

Level V

This is the lowest DWI charge, which means there are no grossly aggravating factors and there are mitigating factors that outweigh other aggravating factors. If convicted, you can be sentenced to up to 60 days in jail and fines up to $200.Your sentence may be suspended if you were imprisoned for at least 24 hours as a condition of special probation or you perform 24 hours of community service. If you are granted probation, you must undergo a substance abuse assessment and obtain education or DWI treatment before you can get your driver’s license back.

Level IV

For this DWI offense, the judge must find there are no grossly aggravating factors and the mitigating factors balance the aggravating factors. If convicted, you can be sentenced to up to 120 days in jail and fines up to $500. Your sentence can be suspended if you are incarcerated for 48 hours as part of a condition of special probation or perform 48 hours of community service. If you are given probation, you must go through a substance abuse assessment and complete treatment or education to restore your driver’s license.

Level III

This DWI charge requires the judge to find there are no grossly aggravating circumstances, but the aggravating factors substantially outweigh the mitigating factors. Your penalty may include incarceration up to six months and fines up to $1,000. You must be imprisoned for at least 72 hours as a condition of special probation or perform at least 72 hours of community service for your sentence to be suspended. For probation, you must go through a substance abuse assessment and education and treatment before you can get your license back.

Level II

You will face a Level II DWI if a judge finds one grossly aggravating factor in your case. You can be fined up to $2,000 and sentenced to up to 12 months of incarceration. Your sentence can be suspended if you serve at least seven days and abstain from alcohol for at least 90 consecutive days. If you are put on probation, you must complete a substance abuse assessment and education or treatment to restore your license. You may also have additional probation requirements like refraining from drinking alcohol and wearing a continuous alcohol monitoring system.

Level I

You will face a Level I DWI if the judge finds two grossly aggravating factors or you had a minor passenger in the vehicle. You can be incarcerated for up to 24 months and fines up to $4,000. Your sentence can be suspended only if you serve at least 30 days, or your sentence can be reduced to 10 days if you agree to abstain from alcohol and wear a continuous alcohol monitoring system for at least 120 days. You must complete a substance abuse assessment and education and treatment to get your license back.

Aggravated Level I

You will face a Level AI DWI if the judge finds there are two or more grossly aggravating factors present in your case. You can be sentenced to between 12 and 36 months of incarceration and up to $10,000 in fines. You may be sentenced to at least 120 days in jail as a special condition of probation. During probation, you must abstain from alcohol for at least 120 days, wear a continuous alcohol monitoring system, complete a substance abuse assessment, and complete education and treatment requirements.

No matter what level of DWI you are charged with, you should call DWI Defense Attorney Thom Goolsby as soon as possible.