How to Expunge a DUI in Charlotte, North Carolina
Definition of DUI in North Carolina
In the State of North Carolina, there are two ways in which a driver may be convicted of a DUI (Driving While Under the Influence) offence. One way is by being caught operating a motor vehicle with a Blood Alcohol Content (BAC) of .08. Note that the prosecution does not need to prove that your driving was impaired but only that your BAC was above the legal limit. Note also that the term, 'operating', does not necessarily have to mean that you were driving.
The BAC may be proven by different types of testing, including blood and urine testing. The State of North Carolina also uses a new technology called ECIR2. The EC stands or 'electrochemical' and the IR is the abbreviation for infrared.
The other way to be convicted of DUI in North Carolina is by being subject to an impairing substance. This includes alcohol and/or drugs and does not exclude prescribed medication. In either case, DUI in North Carolina is considered a misdemeanor under Criminal Law.
Penalties for DUI in North Carolina
There are five levels of sentencing for DUI in the State of North Carolina, with Level One being the most serious. In some cases, your vehicle may be impounded and sold at auction. You will be held responsible for the impoundment fees. Penalties are higher if your BAC is over 0.15 or if there are aggravating factors associated with your arrest. These include things like being well above the legal limit or having a minor child in the vehicle at the time of the offence. A first offence is punishable by a mandatory 12 month suspension of driving privileges.
A custodial sentence ranging from a minimum of 24 hours to as long as two years. There will also be stiff fines and possibly community service.
In addition to criminal charges, the North Carolina Department of Transportation Division of Motor Vehicles may suspend your drivers license for thirty (30) days if your BAC is proven to be 0.08 or higher (North Carolina General Statute §20-16.5(e)). Your license will also be suspended if you refuse to produce a sample when requested. Under North Carolina's Implied Consent Law, all licensed drivers are required to submit to a chemical test if the police suspect them of driving while intoxicated. You may also be subjected to stiff criminal penalties for violating the Implied Consent Law.
Expunging a DUI in Charlotte, North Carolina
The negative effects of being convicted of DUI could include being barred from getting a job or being admitted to the educational institution of your choice. Under certain circumstances, if you are charged with a criminal offence in the State of North Carolina, it may be possible to have your record expunged.
There are two types of expungement in North Carolina. The first is if the person convicted of a DUI is under the age of 18. The other is if the accused is subsequently found by a court of law to be either not guilty or not responsible. In order to be eligible for expungement, the accused must have no other expungements or felony convictions. The accused must also have served his entire punishment before becoming eligible to have their record expunged.
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