17th DWI
Published August 17, 2013
By Civitas Review Online, August 13, 2013.
Many of you have probably heard the news about the North Carolina man being sentenced to 7 years in prison for his 17th DWI.
Such news may lead many to wonder: So what is the difference between a DUI and DWI? Do they mean the same thing? What verbiage does North Carolina (NC) use? What are the consequences of driving under the influence? There are so many questions about the law but what happens when someone is charged and sentenced with their 17th DWI?
DUI is an acronym for driving under the influence. DWI stands for driving while intoxicated. In some cases, depending on state law, the two terms are both used to describe impaired or drunken driving. North Carolina’s Safe Roads Act of 1983 did away with all of the state’s previous drug- and alcohol-related driving laws and put everything under a single offense?North Carolina only has driving while impaired, or DWI.
Your blood alcohol concentration (BAC) is the most common way NC determines whether you’re legally impaired.The legal limits are:
- 21 or Older: 0.08%
- Commercial drivers (CDL): 0.04%
- Younger than 21: Any alcohol concentration
- Prior DWI: 0.04%
NC DWI penalties are serious business and should be for endangering people’s lives. Based on your age, the offense number, and your license type, you may face penalties like:
- Fines, including court costs and lawyer fees.
- License suspension or revocation.
- Jail time. For some offenses, the jail time is mandatory rather than possible.
- Community service.
- Higher car insurance rates.
17 times is a lot in anyone’s book to be charged with DWI. Should the penalties be harsher for the habitual offenders? Should the Legislature in NC look into laws concerning habitual offenders next session?
August 17, 2013 at 11:25 pm
dj anderson says:
Yes to both ending questions.
Here's one armchair legislator's solution - mine:
New vertical license required (like underage person) so person could not buy alcohol, plus --
Consequence for first DWI -- Why not consider 12 times of 2 nights, (Friday/Saturday 6pm to 6am) weekend stays in jail for first time offense, with Zero % blood/drug level upon arrival? Plus, add loss of driving privileges after dark for a year. Driving during the day would be permitted for the first time offender. failure at this would mean 3 months in jail.
Then, on second offense within 7 years -- 12 weekends of 2day/2 night - Friday 6pm to Sunday 6pm - for that second offense, reporting clean & sober, of course, with rehab required during stay or no release. Loss of total driving privilege for 1 month, loss of night time privilege for 24 months, otherwise, 1 year in prison with treatment.
Third offense: 6 months in jail to include rehab, lose of license for 10 years with 10 years of clean sober random tests with no cars registered, and only as many cars in driveway at night as license holders in home.
Rehab, reeducation required during all stays. Agree to random stops to test for clean/sober. Agree to zero blood level when driving during period of sentences.
Like some European nations, random stops at DWI checkpoints should be allowed.
Adults who should reasonably know a driver might be DWI should be held legally liable if they don't call the law. (I know this will never fly, but they are morally responsible for doing nothing.)
I think taking time from weekend nights is more effective than fines. I think the one year long loss of driving privileges for first offense is excessively hard on a working person. I think lawyers suck a living from the court's loopholes.
