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    DWI Step-by-Step

    The NC DWI Process

     

    Person drives after consuming alcohol or other impairing substance

     

    Driving While Impaired

     

     

    Driver attracts attention of police officer who stops the motorist.

    Stopped by Police

    Police can only stop a motorist if there is probable cause. In this case the officer suspects driver is impaired.

    Police administers sobriety test

    Sobriety Test

     

    Test shows driver is impaired

    Driver Arrested
    Vehicle Secured

    Driver taken to police station for breathalyzer test

    Driver charged with DWI

    BAC Greater than 0.08%

     

    Driver 21 + may still be charged with DWI if signs of impairment

    BAC less than 0.08%
    “or impaired by some other substance”

    < 21 years old, driver will be charged with alcohol or substance consumption

    Driver given court date

     

    DWI

     

     

    Police officer, defense attorney and driver provide evidence

    Court

    Judge decides if guilty or not guilty

    Sentencing/sanction imposed by judge

    Guilty

    Driving record and other factors taken into consideration

    Judge mandates SA Assessment, education or treatment as condition of probation

    Substance Abuse Assessment
    (learn about the assessment process)

    Driver chooses assessment provider. Fee is $100.

    If driver fails to have assessment, driver’s license remains revoked

    Failure to Comply

    Driver will be arrested if caught Driving While License Revoked (DWLR)

    Low Substance Abuse Risk

    Driver recommended to Alcohol and Drug Education Traffic School (ADETS)

    Driver attends 16 hours of education

    Assessment Result

    ADETS

    OR

    Treatment
    (visit our Treatment page to learn more)

     

    High Substance Abuse Risk

    Driver must be referred for treatment


    Driver is placed in one of these levels:

    1. 20 hrs for at least 30 days
    2. 40 hrs for at least 60 days
    3. 90 hrs Intensive Outpatient for at least 90 days
    4. In-patient

    Driver completes all recommendations, including payment of fees to provider

    Assessor’s Recommendations Completed

    Assessor provides form 508 which verifies driver completed all requirements. Driver is now eligible to have stop removed from DMV record for this conviction

    Completed form is sent to Substance Abuse Services office. It is reviewed before sending to NC DMV

    508 Forwarded by Provider

    508 is electronically submitted to DMV as the only acceptable evidence of completion of requirements.

    DMV will post to driving record to remove the stop

    508 Form posted to Driver’s DMV record

    DWI offense now shows as complete