
Picture this: you are driving home after a relaxed evening, your mind on autopilot, when flashing lights suddenly appear in your rearview mirror. As the officer approaches, your heart races. You wonder, are you about to face a DUI or DWI charge? In the aftermath of an arrest, people’s minds churn up many questions they often end up asking our attorneys. Did I get charged with DUI or DWI? What is the difference? Is a DWI or DUI worse?
Driving under the influence (DUI) and driving while impaired (DWI) are terms often used interchangeably. This can cause concern and confusion as people who have never had a criminal charge try to get their minds around what just happened to them. Below, we explain the difference between DWI vs. DUI in NC and what that means for you.
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Understanding DWI vs. DUI in NC: What Do They Mean?
In many states, DUI and DWI carry distinct legal meanings. But in North Carolina, there’s a twist. The terms DWI vs. DUI in North Carolina can be confusing because our state technically uses only DWI in its legal language, meaning “driving while impaired.” It covers impairment by alcohol, drugs, or any substance that affects your ability to drive safely.
While some people use driving under the influence, it is not a legally recognized term in this state.
The Legal Difference Between DWI and DUI
The key difference between DWI and DUI is how states use the terms. North Carolina uses DWI to cover both alcohol and drug impairment. Other states may differentiate between DUI and DWI based on the level of intoxication or the substance involved. For instance, in some places, a DUI might indicate a lower blood alcohol content (BAC), while a DWI signals a higher level of intoxication or a more severe offense.
In North Carolina, there is no such distinction. According to North Carolina General Statutes Section 20-138.1, you will face a DWI charge regardless of how many drinks you’ve had or whether you’ve been using drugs.
Can You Face a DWI Without Alcohol?
A common misconception is that DWIs are only linked to alcohol. Any substance that can impair you can result in a DWI, including:
- Prescription drugs,
- Over-the-counter medications, and
- Illegal narcotics.
In North Carolina, it’s not just about your BAC. If anything affects your driving ability, you can face a DWI charge. If you are pulled over for suspicion of impaired driving and drugs are involved, even if your BAC is below the legal limit of 0.08%, you can still be charged with a DWI if drugs impair your ability to drive.
Is a DWI or DUI Worse?
In this state, DWI is the only charge you’ll face for impaired driving, but the consequences can vary depending on the specifics of your case. North Carolina applies different levels of punishment based on factors like:
- Your blood alcohol content,
- Prior DWI and traffic offenses, and
- Any aggravating factors present, such as having a child in the vehicle or causing an accident.
DWI penalties in the state vary from Level 5, with minimal fines, to Aggravated Level 1, which can result in extended jail time, steep financial penalties, and license revocation.
What to Do If You’re Facing a DWI Charge in North Carolina
If you’re facing a DWI charge, the stakes are high, and the sooner you secure legal counsel, the better. The impact of a conviction can extend beyond fines and jail time—it can affect your job, freedom, and future. With the right legal representation, you have a wealth of legal knowledge and skill on your side to protect you against the harshest criminal penalties.
Don’t Be Taken Aback by a DUI Charge
At The Tetterton Law Firm, PLLC, we have extensive experience in DWI cases in North Carolina. We understand the specifics of the state’s DWI laws and will work with you to build a robust defense strategy. Whether it’s challenging the validity of the traffic stop, questioning the breathalyzer results, or negotiating a reduction in charges, we are committed to protecting your rights.
Contact us today for a consultation, and take the first step toward confidently resolving your legal issue. Our experienced team is fully prepared to offer you the knowledge, support, and action plan necessary for your case.
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