I was arrested for a DUI in North Carolina, and I blew a 0.7. The limit is 0.8 in NC. What happens next?

Question

Will I get convicted or loose my license?

Answer 1

North Carolina, like most states, has two kinds of DUI laws.  One is driving with a high BA, without regard to whether the driver is impaired.  The other is the old fashioned kind that just prohibits driving while the ability to drive is impaired due to alcohol, without regard to the BA.   The decision to prosecute or not, or to offer a plea bargain or not, is up to the prosecutor.  Most prosecutors prefer modern DUI because the proof is easier, but they will prosecute and old-fashioned one if the evidence is strong enough.  For instance, if there is a video showing that the driver cannot stand up or if the driver puked or admitted he was drunk, then most prosecutors will decide to prosecute.  If the evidence is not that great, they will commonly offer a plea bargain and the decision to take that, or to try the case, is up to the defendant.   By blowing below the limit, there is no automatic license suspension but if you get convicted of DUI, by trial or by plea, then your license will be suspended.

Answer 2

Depends on your lawyer and the deal he can get you.

You were not at legal limit but you were still driving drunk. When you go to court you will have to make your plea (innocent, guilty, nolo contendre) and a lawyer would probably help you make a better decision.

Answer 3

Get a lawyer you are free that is why they set limits so there is a definte law to follow.

Answer 4

For domestic drivers the blood alcohol concentration of .08 is DWI in North Carolina or under the influence of an impairing substance that gives. North Carolina has a very complex statutory sytem for DWI  and, commercial drivers for example only have to be .04 for DWI. The other possibility is that you are wrong about the charge, it could open container, in reach of a open container, in reach of a container or driving under the influence of an impairing substance. These all carry fines, loss of license and, short jail time.

Answer 5

You're below the minimum which means the case should be dismissed.  You should seek the advice of an attorney to make sure there are some other circumstances attached to this case.  You shouldn't have been arrested for 0.7.  Something is wrong.  Either what you were told / shown and what was actually recorded, or something else which an attorney would be able to get to the bottom of.

Answer 6

You were BELOW the limit?

Why would you lose your license?

Answer 7

Many states like NY have DWI laws independent of those based on BAC.  Blowing belkow the limit only means that you can't be charged with driving above the legal limit.  If there independent bases for charging DWI (bad driving, visible signes of intoxication, ect..) a conviction is possible and license suspension or revocation is certain.

Answer 8

I work in a bar in Louisiana and I overheard a customer the other day say that if you blow into a breathalyzer and it shows that you have been drinking, but are not over the legal limit, you can still be charged with a DUI if you have broken any traffic laws (speeding, running a stop sign, etc).  Louisiana has toughened up their laws on drinking and driving in the past years, however, and I'm not sure if NC has followed suit.  Best thing to do would be to consult an attorney for advice.

Answer 9

That doesn't make a lot of sense if you weren't at the legal limit--unless you are under 21, which in most states means if you blow anything at all they'll arrest you for DUI.  Most people I know, when it's their first offense, get a fine of some sort and lose their license.  They become eligible for a hardship license after 6 months and I think they are eligible for reinstatement after 1 year.  But that's adults in the state of Indiana.  I really can't help a lot because I have no personal experience with that type of thing.  The court should offer you a public defender, I imagine, who could explain all of this to you much better.  Good Luck.

Answer 10

The State can convict you on a lesser offense of reckless driving with alcohol in your system.   The DMV usually treats this charge similarly as in a DUI so your privilege to drive will probably be suspended or restricted.  Also, you will probably be required to take a mandatory DUI alcohol class for the DMV to get your driving privileges restored.

Answer 11

I think you mean you blew a 0.07. Guys that blow 0.7 are typically not breathing.

Talk to your lawyer. The state is going to argue that you were operating the vehicle over 0.08 prior to catching you. Your lawyer will argue that they can't prove that and can only cite you for driving will impaired, not under the influence.

Convicted? Unknown. Lose license? If this is the first time and it's for impairment, no. If this is the first time and it's for DUI, there might be an automatic 90 day revocation (don't know the laws in NC). You can ask the judge to suspend the revocation, but again, hire a lawyer.