In North Carolina, a DWI/ DUI conviction can result in various consequences that can negatively impact your life for years. The state imposes harsh penalties for those convicted of DWI/ DUI, including points on your driver’s license and increased insurance rates. This blog post will examine how many points you can receive for a DWI/ DUI and other penalties you may face if convicted.
Your Driving Record and the DMV Driver’s License Point System
In North Carolina, Driving While Impaired (DWI) and Driving While Under the Influence (DUI) are the same charge. If law enforcement officers arrest you and you face a DWI/ DUI charge, you’ll also face driver’s license suspension, DMV points, and insurance points.
With DWI/ DUI charges, you’ll most likely face an immediate administrative suspension of your license. With an excellent DWI/ DUI attorney, you may be able to reinstate a limited driving privilege.
Once you go to court, if convicted of a DWI/ DUI in North Carolina, the Department of Motor Vehicles (DMV) will add points to your driver’s license record. The number of points depends on your record’s number of DWI/ DUI convictions.
Here is a look at how the DMV assesses points for different offenses:
- If a person is found guilty of specific motor vehicle offenses in North Carolina, points go on their driving record for the violation date.
- License suspended if you accumulate twelve points within three years.
- Eight points within three years following a license reinstatement can result in an additional suspended license.
- When the DMV reinstates a driving privilege, they cancel all previous points on an individual’s record. (1)
Here are the legal details of driver’s license suspension:
- 1st suspension: 60 days G.S. 20-16(a)(5) G.S. 20-16(c)
- 2nd suspension: 6 months G.S. 20-16(a)(5)G.S. 20-16(c)
- 3rd+ suspension: 1 year G.S. 20-16(a)(5)G.S. 20-16(c)
Check out your MyDMV account to see your license status and points on your record!
Insurance and the North Carolina Safe Driver Incentive Plan (SDIP)
Practicing safe driving habits not only saves lives, but it can save you money too! State laws outline the North Carolina Safe Driver Incentive Plan to provide drivers with a financial reward for driving safely.
Your driving history and traffic violation charges count toward the number of points and affect your insurance rates. Driving violations impact your wallet.
Your auto insurance rates will stay lower by simply adhering to the rules of the road, driving defensively, and avoiding moving violations.
Your insurance company adds SDIP violation points for different traffic violations. The number of points from moving violations determines your insurance rates.
Points accrue from convictions and at-fault accidents occurring three years before the date you apply for coverage or your policy renews. (NCGS §58-36-65 and 58-36-75)
Examples of Points for Insurance SDIP Violations
Most violations are included in the driver violation point system. Infractions that can bring insurance points range from 1-12 points and include:
- A moving violation not listed under SDIP points, such as running a stop sign or red light. (one point)
- Speeding 10 mph or less over a speed limit under 55 mph (one point)
- Illegal passing (two points)
- At-fault accident resulting in death or total bodily injury (to all persons) of more than $1,800; OR resulting in total property damage (including damage to insured’s own property) of $3,085 or more. Accidents that occur on or after October 1, 2017, resulting in total damage to all property (including the insured’s own) of $3,850 or more. (three points)
- Reckless driving (four points)
- Passing a stopped school bus (four points)
- Aggressive driving (eight points)
- Manslaughter (twelve points)
- Hit and run causing death (twelve points)
The riskiest drivers with the most major offenses have more points. Believe it or not, the following offenses each receive 12 points on the insurance SDIP system:
- Convicted of driving with a blood-alcohol level of .08 or more or driving a commercial vehicle with a blood-alcohol level of .04 or more.
- Driving while impaired DWI/ DUI conviction
12-point offenses mean your insurance rate will go up a whopping 340%. So if you pay $1,000 per year now, after a DWI/ DUI, you will pay higher insurance rates of $3,400!
Your best bet to avoid a conviction and the insurance points that follow is by bringing on a top DUI lawyer who can defend you from a criminal record and sky-high insurance costs.
An excellent DWI/ DUI attorney can often help you get a deal where your charges are deferred for attending traffic school, especially if this is your first offense.
Additional Costs and Penalties for DWI/ DUI Charges
Insurance points are not the only high cost involved in a DWI conviction. You will likely need to pay many other costs associated with a DWI charge.
However, aggravating factors can make penalties even worse for DWI.
If you have three or more aggravating factors with your DWI, you will pay MUCH MORE!
Aggravating Factors include:
- Prior convictions within seven years
- A child in the car under 18
- Seriously injuring someone
- Driving on a suspended driver’s license
Penalties for Aggravated Level 1 DWI:
- Fines: up to $10,000
- Jail time: 12 to 36 months
- Probation: monitored sobriety for four months after release.
- Community service: depends on the judge and what they order.
- Automatic license suspension or revocation for a year or more.
- Seizure of your vehicle: given to the state to sell for profit.
- Educational or counseling interventions: you pay for these programs if the state determines you need them.
- Installation of an ignition interlock device (IID) on your vehicle when you may legally drive again.
- Other alcohol monitoring devices.
A drunk driving conviction is not expugnable. In other words, it will always stay on your record as a “violent” crime in North Carolina.
Even a DUI arrest and first-offense conviction can cause the DMV to automatically suspend your license.
Avoiding a DWI/ DUI Conviction
At Cape Fear Law, our experienced DWI/ DUI attorneys offer a free case evaluation to help you understand how to defend against your charges. From preventing law enforcement officers from trampling on your rights to negotiations with the prosecutor’s office to your DMV hearing and judicial proceedings, we are with you every step of the way!
If you face suspension of your driver’s license for DUI/ DWI, seek legal advice immediately! We work to help reinstate your driving privileges and reduce the penalties you may face! A conviction of this type can bring consequences that last a lifetime, so get in touch with our law office today!
Talk with us and find out how we can help you move forward and escape the charges you face! Give our knowledgeable DWI/ DUI attorneys a call and schedule your free consultation today!