Getting arrested for driving under the influence (DUI) in North Carolina can feel overwhelming. One moment you’re on the road, and the next, you’re in custody facing potential jail time, fines, license suspension, and a permanent criminal record. It’s a high-stakes situation, but what you do in the hours and days following your arrest can greatly impact the outcome of your case.
At Martine Law, we help clients across North Carolina navigate the complex legal system after DUI arrests. This guide explains the most important steps to take after a DUI arrest so you can protect your rights, your license, and your future.
Understand What You Are Being Charged With
In North Carolina, DUI is legally referred to as DWI (Driving While Impaired), and the state takes these offenses seriously. You may be charged under one or more categories, including:
- Operating a vehicle with a BAC of 0.08 percent or higher (0.04 for commercial drivers, zero tolerance for underage drivers)
- Driving while impaired by drugs or a combination of alcohol and drugs
- Refusing a chemical test after arrest under the implied consent law
Each charge has its own legal implications and penalties. Your specific charge will depend on the circumstances of the arrest, your BAC level, any prior offenses, and whether any aggravating factors are present.
Know Your Immediate Rights
Once you’re arrested for DUI in North Carolina, you have the right to:
- Remain silent
- Speak with an attorney
- Refuse to answer questions without legal counsel
- Review and challenge the evidence against you in court
Even before you appear in court, how you assert these rights matters. You should avoid volunteering information or trying to “explain” your actions to the officer. Everything you say can be used against you.
Request a Copy of the Police Report
The police report is one of the most critical documents in your case. It typically contains:
- The reason for the traffic stop
- Officer observations (slurred speech, odor of alcohol, glassy eyes, etc.)
- Statements made during the stop
- Results of field sobriety tests or preliminary breath tests
- Details about your arrest and chemical test results
Your attorney will use this report to identify inconsistencies, procedural errors, or violations of your rights. In some cases, the report alone can create grounds to challenge the legality of the arrest.
Request a DMV Hearing Promptly
If you refused a chemical test or your BAC was 0.08 percent or higher, the DMV may begin administrative action to suspend your license. You only have ten days from the date of arrest to request a hearing to challenge this suspension.
Failure to act within this timeframe can lead to automatic revocation of your driving privileges, even before your criminal case is heard. Your attorney can file this request and represent you at the DMV hearing.
Document Everything You Remember
Your memory is freshest in the first few days after the arrest. Write down everything you remember about the stop and arrest, including:
- Where and when you were stopped
- What the officer said and did
- Whether you were read your rights
- What tests were performed, and how
- Any witnesses who were present
These details can be critical to building your defense, especially if there were procedural mistakes or if the officer lacked probable cause to stop you.
Avoid Social Media Posts
Do not talk about your case on Facebook, Instagram, TikTok, or anywhere online. Prosecutors can and do review public posts and use them in court. Even a joking post or story about your arrest can damage your credibility and affect the outcome of your case.
Instead, communicate only with your attorney and those directly involved in your defense. The best legal strategy is one that is handled quietly and professionally.
Consider the Penalties You Might Face
Penalties for a DWI conviction in North Carolina depend on the level of the offense. There are five sentencing levels, ranging from Level 5 (least severe) to Level 1 and Aggravated Level 1 (most severe).
Factors that increase penalties include:
- A BAC of 0.15 percent or higher
- Prior DWI convictions within seven years
- A child in the vehicle at the time of the offense
- Driving while license is revoked
- Causing injury or property damage
Even a first-time offender can face:
- Fines up to 200 dollars to 4,000 dollars
- Jail time from 24 hours to 24 months
- License suspension for 1 year or more
- Mandatory substance abuse treatment
- Ignition interlock device requirements
Your attorney can help minimize or even avoid these penalties depending on the circumstances.
Contact a DWI Defense Attorney Immediately
There’s no substitute for experienced legal guidance. The sooner you involve a qualified DUI defense lawyer, the more opportunities you have to challenge the case. At Martine Law, we help with:
- Reviewing police conduct and test procedures
- Suppressing unlawful or unreliable evidence
- Negotiating plea deals or reduced charges
- Fighting for license reinstatement
- Defending your case at trial if necessary
An arrest doesn’t mean you’re guilty. With an attorney on your side, you can fight back and protect your future.
Don’t Miss Your Court Date
You’ll receive a citation or paperwork that includes your first court appearance. This is typically your arraignment, where the charges are formally read and you enter a plea.
Missing your court date will result in a bench warrant for your arrest, additional charges, and may permanently hurt your chances for a favorable resolution. Your attorney will help prepare you and represent you during this and any future proceedings.
Prepare for the Long-Term Impact
A DUI conviction can affect:
- Employment opportunities
- Professional licenses (nurses, teachers, CDL holders, etc.)
- Car insurance rates
- Housing applications
- Immigration status for non-citizens
That’s why it’s not just about the fines or jail time. You’re also protecting your long-term reputation, stability, and livelihood.
How Martine Law Can Help
At Martine Law, we understand that good people sometimes make mistakes—or get caught in bad situations. We provide personalized, aggressive, and respectful defense for drivers arrested for DWI across North Carolina. Whether it’s your first offense or a repeat charge, we’re here to:
- Protect your rights
- Challenge bad evidence
- Guide you through every step of the process
- Fight for the best possible outcome
Contact us today to discuss your case and take back control of your future.