Driving while impaired, DWI, or DUI, is a misdemeanor driving offense in North Carolina. Prior to June 23, 2011, it was punishable by up to two years in prison for a person with a bad record. On June 23, 2011 Governor Beverly Perdue signed legislation into law called
Laura's law. Under the new law for drunk driving, there is a new level of punishment that has been created which carries much harsher penalties for driving while impaired. A person convicted of the new aggravated level one DWI, faces a fine up to $10,000.00, three (3) years in prison, and no parole. When released from prison, you are required to wear a device that monitors your body for alcohol. Can you imagine the price of that device on top of the increased costs of court also imposed under the new legislation. The pertinent part of Laura's law regarding the punishment reads as follows:
A defendant subject to Aggravated Level One punishment may be fined up to ten thousand dollars ($10,000) and shall be sentenced to a term of imprisonment that includes a minimum term of not less than 12 months and a maximum term of not more than 36 months. Notwithstanding G.S. 15A-1371, a defendant sentenced to a term of imprisonment pursuant to this subsection shall not be eligible for parole. However, the defendant shall be released from the Department of Correction on the date equivalent to the defendant's maximum imposed term of imprisonment less four months and shall be supervised by the Division of Community Corrections under and subject to the provisions of Article 84A of Chapter 15A of the General Statutes and shall also be required to abstain from alcohol consumption for the four-month period of supervision as verified by a continuous alcohol monitoring system. For purposes of revocation, violation of the requirement to abstain from alcohol or comply with the use of a continuous alcohol monitoring system shall be deemed a controlling condition under G.S. 15A-1368.4.
The changes that come with the passage of Laura's Law become effective December 1, 2011 and apply to all offenses which are committed on or after that date. Having an experienced DWI lawyer will be even more important than it has been prior to the recent changes in the law.
Greenville DWI lawyer
Timothy E. Burch and
the Burch Law Office help those charged with DWI's, DUI, driving while impaired, and
driving after consuming being underage. Mark D. Stewart is an attorney with the Burch Law Office and is a former prosecutor who uses his knowledge, skill, and experience from the district attorney's office to better assist clients of the Burch Law Office who are charged with driving offenses.
Contact us today!