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Facts and Penalties for DUID in North Carolina

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While much attention is focused on the problem of alcohol-related driving and accidents, driving under the influence of drugs (DUID) offers another possibility for arrest.

North Carolina law prohibits the operation of any motor vehicle while under the influence of “an impairing substance.” This includes alcohol as well as many types of drugs, some of which are legal.

Chapter 14(a) of the North Carolina statute states:

Alcohol, a controlled substance under Chapter 90 of the General Statutes, any other drug or psychoactive substance capable of impairing a person’s physical or mental faculties, or any combination of these substances.

The statute is far-reaching enough to include both legal and illegal drugs as well as alcohol.  North Carolina General Statutes Section 20-381.1 also states that an individual does not necessarily have to be intoxicated by a specific drug, only that the person has a Schedule 1 drug in his or her system at the time they were driving. However, the wide reach of the law may also include individuals who have chronic conditions that require certain types of drugs that could mimic the chemical structure of Schedule 1 substances.

Illegal Drugs

Facts and Penalties for DUID in North CarolinaThe usual Schedule 1 drugs are covered here:

  • Marijuana
  • Opiates such as heroin
  • Cocaine
  • Synthetic marijuana substances
  • Amphetamines and other stimulants
  • Other street drugs

Under other circumstances, these drugs also have other charges that could be levied. But during a traffic stop, they are not detectible with a breathalyzer or a field sobriety test.

Prescribed Drugs

Because of the state’s definition of a “psychoactive substance,” a range of drugs that are regularly and legally prescribed by a physician can also cause a DUID charge, including:

  • Antidepressants and other psychiatric drugs
  • Opiates prescribed as pain medications (i.e., Oxycontin, morphine, etc.)
  • Prescription antihistamines
  • Sedatives, such as Valium

This is just a shortlist of the many medications that can cause you to be impaired while driving.

Taking medication in a doctor’s office with the understanding that it could impair your ability to drive is not a defense and holds you to the same standard as someone driving with a blood alcohol content (BAC) of .08. Law enforcement is also allowed to order chemical tests to detect drugs in the system.

Over The Counter Medications

You’ve probably seen the warning labels on medications about not operating heavy machinery while taking it. That’s because some drugs such as antihistamines (allergy medications) and cold and flu treatments (i.e., Nyquil, Theraflu) can make you tired and drowsy.

Over the counter (OTC) sleep treatments can be natural formulas such as melatonin and valerian, or they can be a combination of antihistamines and Diphenhydramine HCL (such as Unisom.) Other medications that cause fatigue include diarrhea/nausea medications. Some of these medications can leave you with drowsiness in the morning, just in time for you to head to work or school.

But even though you may consider them “safe” because they are readily available at any pharmacy, they can still cause you legal problems if you are in an accident while taking one of them.

Drug Interference

When taking prescription or OTC medications, it’s important to understand how they affect you before you ever get behind the wheel. This is particularly true of medications with warnings about drowsiness.

If you take more than one, it’s possible that the drug interaction can also cause drowsiness or even cause you to fall asleep while driving. Discuss your prescriptions and OTC meds with your doctor if you find yourself with the slightest bit of tiredness. It’s possible that they should be taken at different times of the day to avoid this side effect.

Consuming alcohol can also exacerbate the effects of a “sleepytime” medication if it’s taken around the same time. It may be wise to avoid alcohol altogether to prevent the interaction that could put you at risk of an accident, as well as avoiding the drug if possible to avoid times when you would be driving.

Penalties For DUID

Much like a DUI for alcohol, DUID can bring equally harsh penalties including:

  • Fines
  • Jail time
  • Substance abuse assessment and treatment
  • License suspension of a year or more
  • Court costs
  • Attorney’s fees
  • Dramatic increase in car insurance rates
  • Vehicle seizures for habitual offenders

North Carolina has five levels of severity for DUI charges, from 1 through 5, with 1 being the most serious. Subsequent instances of DUI/DUID bring increased penalties, including a mandatory minimum jail time of one year, which can’t be suspended or waived.

Much like an alcohol-related conviction, a DUID means you’ll face other, more serious consequences, including issues with employment.

Call Raleigh’s Experienced DUID Attorney, Dewey P. Brinkley

Dewey P. Brinkley is a Raleigh attorney who can aggressively defend you against DUID charges and protect your rights in court. He will work with you to review all the evidence in your case and ensure that you have a fair trial.

Call the law offices of Dewey P. Brinkley today for a free initial consultation to discuss your DUI case at (919) 832-0307. You can also use our online contact form.

In Raleigh, NC What are the Costs of Getting a DWI Conviction?

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There are a number of factors to consider when you’ve been charged with DWI, and even more with a conviction. The safety of yourself and others, the possible damages caused, and the possibility of spending time in jail is avoidable by calling an Uber or a taxi for $20 or so and parking your car.

But there’s one part of getting a DWI that most people don’t consider: how much it will cost.

The Arrest

In Raleigh, NC What are the Costs of Getting a DWI Conviction?Your license is immediately revoked if there is a blood alcohol content of 0.08 or higher. You’ll lose your license for 30 days, just for being charged with DWI. You can request a limited driving privilege after 10 days, which will cost $100, plus whatever it costs you to get to work for ten days (if you still have a job.)

You will also be required to complete a substance abuse assessment costing $100, and you’ll need a certified copy of your driving record, about $15.00. If you’re approved for the privilege, you’ve spent $215 to drive for 19 days out of 30. Since it’s a criminal charge, you’re required to appear in court.

If you hire an attorney, that will also cost—a minimum of $500, but probably more than $2,500. Attorney’s fees will also vary depending on variables such as your first charge or a subsequent charge, such as if any property damage occurred, or if anyone was injured or killed as a result.

If your charges are dismissed, that’s the end of it. But if you’re headed for trial, it’s going to get a lot more expensive.

Depending on the type of job you have, you could be terminated after the arrest, especially if you hold a Commercial Driver’s License (CDL.)  Not only will you lose your income, but you will also have a difficult time finding another job with a DUI.

The Trial And Conviction

Going to trial for DWI means there is a strong chance of not only conviction but jail time.

North Carolina has five levels of DWI charges, with Level 5 being the lowest and Level 1 being the highest, with the highest punishment, fees, and license revocation. Fines alone start at $200 and go as high as $4,000 just for the DWI. An aggravated Level I felony can be as high as $10,000 in fines. You’ll also owe additional court costs.

After A Conviction

In addition to or instead of jail time, you may be able to perform community service, at a cost of $250. You’ll also be required to complete substance abuse treatment, the cost of which is determined by the agency and can be as high as $800 to $1,000.

You’ll also have to complete the Alcohol and Drug Education Traffic School, which will also cost about $260. Additionally, monthly post-conviction substance abuse assessments cost $100.

If you want to regain your driving privileges, you’ll also have to pay to get your license restored, which can run upwards of $300.

Before you can start driving again, there’s also the matter of car insurance. You’ll find that you can get an insurance policy, but it will be considerably more expensive. Most drivers find their insurance increases an average of 400% after a DUI.

One more thing—you’ll be required to have an ignition interlock system installed on your car before you can drive again. This system requires you to blow into it, just like a breathalyzer, before you can start your vehicle. You’ll also be required to stop and “blow” again during your drive to continue driving. If at any time the system detects alcohol, you won’t be able to drive. Purchase and installation run between $2,000 and $4,000, with monthly maintenance at about $100 per month.

Other Costs of DWI

If you caused property damage while driving intoxicated, such as hitting someone’s car or house, you will also find yourself on the receiving end of a personal injury suit from the other party (or wrongful death if someone died as a result of the accident.)  You may be sued by the other party for medical expenses, lost and future wages, pain, and suffering, and other compensatory damages, and you’ll be responsible for them. A wrongful death lawsuit, filed by the relatives the person who died in the accident, can also end up with a large monetary settlement you’ll have to pay. These expenses can’t be dismissed in a bankruptcy, either. If you own property, such as a house, a lien can be placed on the property until you pay it.

When you add it up, avoiding a DWI by taking a bus, or calling either a taxi, Uber, or a friend to pick you up is a lot less expensive.

DWI Is Expensive

Getting arrested for DWI can cost more than just money—you could do prison time, in addition to losing your job, your home, and your rights. A DWI will also follow you around for the rest of your life, no matter where you live. Having a DWI defense attorney does cost money, but can save you a lot more, including your freedom and your rights.

Dewey P. Brinkley is a former Wake County prosecutor who works to defend DWI cases. He will prepare a strong defense and make sure you receive a fair trial under the law. Contact our Raleigh law office today at (919) 832-0307 (or user our online contact form) for a free consultation. You can also email him at dewey@deweybrinkleylaw.com.

Should You Submit To A Field Sobriety Test When Pulled Over In Raleigh, NC?

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Whether at a checkpoint stop or just being pulled over, you may be asked to take a field sobriety test to determine if you are driving under inebriation. However, you do have the right to refuse to take these “roadside tests” even if you have consumed alcohol.

But if you’re sober, why not take them and prove that you are? Because like a breath alcohol device, field sobriety tests are not always accurate, and may not be properly administered. You could end up being arrested for “driving under the influence” when you’re anything but.

Field Sobriety Testing (FST)

North Carolina officers administer a series of three roadside tests to determine if a driver is impaired:

Should you submit to a Field Sobriety Test when pulled over in Raleigh, NC?

·         The “Walk-And-Turn” Test—the officer will ask you to walk in a straight line, one foot in front of the other so that the officer can observe your sense of balance. He or she may also ask you to take a specific number of steps, and observe if you can remember the number. Unfortunately, a number of variables can affect your balance, from foot pain to uncomfortable shoes to other physical impairments.

·         The “One Leg Stand” Test—the officer will ask you to stand on one leg for 30 seconds and count to 30. The officer will observe both balance and your ability to count. The officer is looking for four things:

  • Swaying while balancing
  • Balancing with arms
  • Hopping
  • Putting down the raised foot

Like the previous test, a number of variables can affect the outcome, including your age, weight, street or weather conditions or your current physical condition, such as an injury like a pulled muscle. Officers who incorrectly administer the test may interpret the results incorrectly, declaring you “impaired.”

·         The “Horizontal Gaze Nystagmus Test” (HGN)—this is the test where an officer asks you to stand still, hands at your sides, and follow his finger, a light, or some other object put in front of you. If your eyes don’t move smoothly side to side, but in a jerking fashion, you’ll be determined to be “impaired.”

Additionally, breath alcohol testing mechanisms may not be used or calibrated properly, leading to even more inaccurate evidence.

These tests are, by some accounts, designed to make you fail them. The passing and failing of these tests is a personal decision made by the officer.

Obviously, a number of factors can affect the outcome. Fatigue, allergies, injuries and other ailments can lead to a “failed attempt.” An elderly driver not in peak physical condition may not be able to hold his or her leg up for 30 seconds or do a walk-and-turn to the officer’s satisfaction.

No matter how well you perform these tests, if the police officer renders an opinion in court that you didn’t perform them adequately, this would indicate to him or her that you were indeed “impaired,” even if you weren’t. A jury may well side with the officer based on his or her opinion.

Additionally, breath alcohol testing mechanisms may not be used or calibrated properly, leading to even more false evidence.

Refusing The FST

So what happens if you refuse to take these tests?

You are within your rights to refuse to take the FSTs, as well as inform the officer that you have a medical condition that can affect the outcome (such as recent knee surgery.) You will not lose your license. But because of the high incidence of incorrect results, it’s better to decline the FST rather than explain to a court why you failed them. This way, you’ll be arguing that the testing is unreliable and wasn’t suitable instead of defending yourself against a “failed” FST.

CAVEAT: refusing the EC/IR-II Breathalyzer test is another matter and can lead to a year-long suspension of your license. This is not the same as refusing the FST. But like the FST, these devices are also subject to incorrect results, especially if the officer is not properly trained in their use, or it has not been properly calibrated or maintained.

Miranda warnings are also not required before a Breathalyzer is administered.

Have You Failed An FST? Call An Experienced DUI Attorney

If you’ve been subjected to a suspected DUI traffic stop, Dewey P. Brinkley is a Raleigh attorney who can aggressively defend you and protect your rights in court. He will review all the evidence in your case and ensure that you have a fair trial.

Call the Law Offices of Dewey P. Brinkley today for a free initial consultation to discuss your DUI case at (919) 832-0307. You can also email us at dewey@deweypbrinkleylaw.com, or use our online contact form.

 

Are Raleigh DWIs Public Record?

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Public records are any kind of information pertaining to a governmental agency. It’s data or other information collected by the government that isn’t of a confidential nature. The most common public records are birth and death records, marriage and divorce records, lien information and bankruptcy records, but there are quite a number of others. Accessibility depends on what state you live in.

Companies that charge for online record searches (i.e., Intellius) also use public records for background checks and people searcher functions. While they can provide the information you can find yourself, the sites can gather it much faster.

But after a DUI arrest, you may be wondering if anyone else can, or will, find out about it.

Arrest Records Are Public Records

Are Raleigh DWIs Public Record?

If you’ve been arrested in Raleigh for DWI—or anything else—anyone can find out about it through a public record search.

According to the Wake County website, any kind of governmental record collected by any state agency is considered to be “property of the people.” Any information of this kind is to be made public unless it is specifically marked as confidential in nature (i.e., with identifying information such as a date of birth or Social Security numbers.) This includes arrest records, real estate deeds and other types of information that involves a public entity. Wake County abides by the North Carolina Public Records Law, found at N.C.G.S. Chapter 132, which explains public records in further detail.

Public records are required to be made available to the public for free or for a “nominal cost,” but are also accessible online. Internet access to public records is immediate, as well as saves Wake County money on maintenance, staff, and overhead.

City-County Bureau of Identification (CCBI)

Wake County arrest records are in the CCBI portal and are searchable for free. The types of offenses that are in the database are listed in the North Carolina General Statute § 15A-502. Driving while intoxicated is included in the list. You can access the database online and for free. However, current case status and dispositions are not included in the database but are available in the Wake County Clerk of Superior Court’s Office.

How It Affects You

Anytime you’re asked if you’ve been arrested, you’re required to disclose that you have (unless you’ve had an expunction in NC.)  Background checks for employment, housing, education and other things are easy to get, so if you don’t answer truthfully, you’ll be found out almost immediately.

Loans like mortgages, student loans, credit cards and other types of revolving charges may be more difficult to get. This can limit your ability to acquire housing, education, and other necessities.

Additionally, a DUI arrest almost immediately raises your insurance rate, since you’re now “high risk.” You may even be dropped by your insurance company, but there are some insurers who offer insurance to those who have a DUI.

Fight The DUI

Dewey P. Brinkley is a former Wake County prosecutor who works to defend DUI cases. He will prepare a strong defense and make sure you receive a fair trial under the law. Contact our Raleigh law office today at (919) 832-0307 for a free consultation. You can also email him at dewey@deweybrinkleylaw.com.