Being charged with DWI (Driving While Impaired) doesn’t have to be the end; we can help you make it better.
The consequences of a DWI conviction are serious and can include fines, license suspension, jail time, and a permanent criminal record; however, a better outcome is possible by changing the status of your conviction.
Can a DWI be reduced to reckless driving in North Carolina? It’s possible, but not guaranteed. This will depend on the facts of your case, your criminal record, and the strategy of your defense lawyer.
Yes, it is a complex process, but you are not alone; we’re here to fight for your rights and a chance of a better outcome.
Understanding DWI Charges in North Carolina
In North Carolina, a person is guilty of DWI if they operate a vehicle with a blood alcohol concentration (BAC) of 0.08% or higher, or while under the influence of alcohol, drugs, or a combination of substances that impair their ability to drive safely.
DWI convictions carry mandatory penalties, including license suspension, fines, and potential jail time. Because of these strict laws, prosecutors often take a tough stance on reducing or dismissing DWI charges.
What Is Reckless Driving in North Carolina?
Reckless driving is a separate criminal charge under NCGS § 20-140. It involves operating a vehicle in the following manners:
- Carelessly and heedlessly in willful or wanton disregard for the rights and safety of others
- Without due caution and circumspection, at a speed or in a manner that endangers people or property.
Reckless driving is a Class 2 misdemeanor, which carries lighter penalties than a DWI conviction.
DWI Reduction to Reckless Driving
A reduction of DWI to reckless driving is often called a “wet reckless” charge because it acknowledges alcohol involvement without imposing the harsh penalties of a DWI conviction.
This reduction is rare in North Carolina but can happen under the right circumstances.
Factors That May Influence Your Charge Reduction
Going from a DWI to reckless driving is not as simple; these are the factors that the state will consider before making any change:
- Your BAC level: If it was barely over 0.08%, a reduction is more likely.
- No prior offenses: First-time offenders often have a stronger case for a reduced charge.
- No accident or injuries: If no one was harmed and no property was damaged, prosecutors may be more open to negotiation.
- Strong legal defense: Evidence issues, such as improper breathalyzer use, lack of probable cause, or mishandled field sobriety tests, can strengthen your defense.
Benefits of Reckless Driving Reduction
Having your DWI charge reduced to reckless driving can make a significant difference:
- No mandatory license suspension (though DMV penalties may still apply).
- Lower fines and less severe criminal penalties.
- No ignition interlock device requirement.
- Less impact on insurance rates and criminal record.
Contact Martine Law today and talk to an expert who can guide you into the right direction to reduce or change your charges.
Why You Need a DWI Defense Lawyer
Getting a DWI reduced is not something you can easily achieve on your own. Prosecutors are under pressure to prosecute DWI cases aggressively.
Our skill North Carolina DWI attorneys can:
- Investigate your arrest for mistakes or rights violations.
- Challenge the validity of breathalyzer or field sobriety tests.
- Negotiate with prosecutors for a reduced charge or dismissal.
- Fight for your rights in court if necessary.
Don’t waste more time and don’t make mistakes, call a DUI lawyer in North Carolina today who can help you achieve a better outcome.