DWI in North Carolina, Blew a .01

[hauntedbywaters1]

the other night I was pulled for avoiding a license stop, although i had turned before i saw the stop itself. AFter being stopped the officer adminstered a pbt, then placed me under arrest for being under the influence. He took me to the station and then adminstered the alkasensor test where i blew a .01. i was then informed that when stoped on the road i blew a .02 then a .03. My question is what are the reprecutions i can expect after blowing so low in a test, and whether anyone can recomend a layer to defend me. I have no prior record and am a 20 year old college student who mad a dumb choice. I have looked into the Nc law and i see that my license will be revoked for 30 days, which it already has, but i want to know if with such a low reading will i still loose my license for a year. I have never faced something like this before and am very worried abot how this will affect me both in the short term and long term.

[aaron]

This is a zero tolerance offense because you are below the age of 21?

[hauntedbywaters1]

This is a zero tolerance offense because you are below the age of 21?

yes. from what i understand any alcohaul in your system in NC results in an automatic license revocation and being charged with a dwi.

[Mr. Knowitall]

The zero tolerance offense, North Carolina General Statutes § 20-138-3, results in provisional license revocation, NGCS § 20-138-3.

(a) Scope. – This section applies to a person whose license was revoked as a result of a conviction of any of the following offenses:

(1) G.S. 20‑138.1, driving while impaired (DWI).

(2) G.S. 20‑138.2, commercial DWI.

(3) G.S. 20‑138.3, driving while less than 21 years old after consuming alcohol or drugs.

(4) G.S. 20‑138.2A, driving a commercial motor vehicle with an alcohol concentration of greater than 0.00 and less than 0.04, if the person's drivers license was revoked under G.S. 20‑17(a)(13).

(5) G.S. 20‑138.2B, driving a school bus, a school activity bus, or a child care vehicle with an alcohol concentration of greater than 0.00, if the person's drivers license was revoked under G.S. 20‑17(a)(14).

(b) Requirement for Restoring License. – The Division must receive a certificate of completion for a person who is subject to this section before the Division can restore that person's license. The revocation period for a person who is subject to this section is extended until the Division receives the certificate of completion.

(c) Certificate of Completion. – To obtain a certificate of completion, a person must have a substance abuse assessment and, depending on the results of the assessment, must complete either an alcohol and drug education traffic (ADET) school or a substance abuse treatment program. The substance abuse assessment must be conducted by one of the entities authorized by the Department of Health and Human Services to conduct assessments. G.S. 122C‑142.1 describes the procedure for obtaining a certificate of completion.

(d) Notice of Requirement. – When a court reports to the Division a conviction of a person who is subject to this section, the Division must send the person written notice of the requirements of this section and of the consequences of failing to comply with these requirements. The notification must include a statement that the person may contact the local area mental health, developmental disabilities, and substance abuse program for a list of agencies and entities in the person's area that are authorized to make a substance abuse assessment and provide the education or treatment needed to obtain a certificate of completion.

(e) Effect on Limited Driving Privileges. – A person who is subject to this section is not eligible for limited driving privileges if the revocation period for the offense that caused the person to become subject to this section has ended and the person's license remains revoked only because the Division has not obtained a certificate of completion for that person. The issuance of limited driving privileges during the revocation period for the offense that caused the person to become subject to this section is governed by the statutes that apply to that offense.

[hauntedbywaters1]

thank you for the law itself, it was very helpful to read, however i still don't understand what i can expect to face as far as convictions go. IS the fact that my BAC was so low going to play a factor?? or is this entirly dependent upon the DA and judge? is this an open and shut case for them or do i stnad a chance with a defense lawyer?

[aaron]

Try consulting a local lawyer, and see what the lawyer thinks he or she may be able to do for you. A lot may depend upon the policies of the local prosecutor's office.

[hauntedbywaters1]

i have contacted two lawyers, one with a very reputaion and should be meeting with him soon, and another whom i have emailed, however the lawyer that i have emailed told me that he could try for a prayer for judgement conantinued plea. It it my undertstanding that the prayer for judgement plea has been eliminated from alcohol related offenses for minors in the december changes to NC's laws. Is this true or is my information innaccurate?

[aaron]

You can look up North Carolina statutes here.