Driving while impaired alone (DWI) in North Carolina is a serious offense, however, if there is a child in the car at the time of the arrest, the consequences become much more serious. Don’t let a mistake change your life or take away the joy. Call today and get the best outcome for your situation.
The state treats this type of situation as an aggravating factor, meaning it can significantly increase the severity of your charges and consequences.
Are you or someone you loved facing a DWI charge that involved a child in the car? We understand that mistakes happen and are here to help.
Let our team of experienced North Carolina DWI defense lawyers help you fight for the best possible outcome.
Why Having a Child in the Car Is an Aggravating Factor
Under North Carolina General Statutes § 20-179, driving while impaired with a passenger who is under 18 years old, mentally disabled, or physically disabled is considered an aggravating factor.
This means the judge is required to impose a more severe sentencing level if you are convicted. This does not make you a bad person, but we know that judgment can be hard, and we can help you make it better by advocating for you.
Penalties for a DWI With a Child in the Car
North Carolina’s DWI sentencing levels range from Level 5 (least severe) to Aggravated Level 1 (most severe). Having a child in the car can result in Level 1 or Aggravated Level 1 sentencing, which carries harsh penalties:
- Level 1 DWI Penalties:
- 30 days to 24 months in jail (minimum 30 days)
- Fines up to $4,000
- Possible probation with strict conditions
- Mandatory substance abuse assessment and treatment
- Aggravated Level 1 (A1) DWI Penalties (for drivers with multiple aggravating factors):
- 12 months to 36 months in jail (minimum 12 months)
- Fines up to $10,000
- Continuous alcohol monitoring and probation possible after serving jail time
In addition to these penalties, you may face:
- License suspension or revocation
- Ignition interlock requirements
- Increased insurance premiums
- A permanent criminal record
The Impact on Your Future
A DWI conviction with a child in the car doesn’t just bring criminal penalties. It can also affect your personal and professional life:
- Child Custody and Family Court: Prosecutors may use this charge as evidence in custody disputes. (Get a Family Lawyer Today)
- Employment: A DWI conviction can limit job opportunities, especially in careers requiring driving.
- Reputation and Family Relationships: The stigma of this charge can have lasting consequences.
Defending Against These Charges
Being charged with DWI while a child is in the car does not automatically mean a conviction. A skilled defense attorney can investigate the details of your arrest, such as:
- Whether the officer had probable cause for the traffic stop
- Accuracy of field sobriety tests and breathalyzer results
- Procedural mistakes made by law enforcement
- Any violations of your constitutional rights
With the right legal strategy, it’s possible to reduce charges, minimize penalties, or even get your case dismissed.
Do You Need a NC DWI Defense Lawyer?
Are you scared about losing your freedom, your license, or your family’s trust? We understand how stressful this situation is, and we’re here to help you through it.
At Martine Law, our dedicated attorneys will:
- Review the facts of your case in detail
- Challenge the evidence against you
- Work to reduce charges and penalties
- Fight for your rights in court
You are not alone. Let our team of expert attorneys help protect your future and your family.