The possibility of this requirement serving as a deterrent for potential first time DWI Defendants is not persuasive as there are already severe consequences in North Carolina for being convicted of Driving Under the Influence.
Raleigh, NC (PRWEB) December 23, 2012
For those charged Driving While Impaired in North Carolina, the consequences of a convictions can be substantial. Even a first-time conviction can range from community service, probation, fines, fees and loss of license, all the way up to a mandatory jail sentence of at least 30 days. Under all North Carolina DWI Sentencing Structure, a Driver will lose their license for at least a year, but may be eligible for an NC Limited Driving Privilege. A concern for North Carolina DWI Defense Lawyers and those charged with a DWI in North Carolina who's blood/alcohol concentration of .15 or above is the requirement of an Interlock Device for one year at the time of driving. As was recently recommended by the National Transportation Safety Board, this requirement may be further reaching in the near future.
As was recently reported by WRAL news, the N.T.S.B. has come out with a recommendation that ALL individuals convicted of a Driving Under the Influence or Driving While Impaired be required to have an Interlock Device installed on their vehicle following a conviction. Presently, for those who are convicted of DWI in North Carolina with a blood/alcohol concentration of .15 or above must have an interlock device installed on their vehicle for one year, and are not eligible for a North Carolina Limited Driving Privilege for the first 45 days of their one-year license suspension. However, if the N.T.S.B.'s recommendations are adopted by North Carolina, anyone convicted of a DWI in North Carolina, regardless of whether this was their first one or fifth, and regardless of the blood/alcohol concentration or whether there was even evidence of a blood/alcohol concentration, would be required to have an Interlock Device installed on their vehicle following a DWI conviction.
Interlock Devices are the machines wired to an individual's vehicle which must be blown into before the vehicle will start. If there is alcohol detected, the vehicle will not start. These machines cost approximately $75.00 to install on the Driver's vehicle, and there is a $75.00 monthly maintenance fee. In North Carolina, these costs are the responsibility of the Driver. Additionally, these machines have had problems in the past of detecting alcohol when there is none present and therefore preventing the Driver from operating their vehicle. When this occurs, the vehicle must be brought back to the facility which installed it for a check up, which may also be billed to the Driver.
The N.T.S.B.'s recommendations are meant to assist in preventing fatalities on the road related to DWI's or DUI's. As reported by the N.T.S.B., alcohol impaired driving is responsible for an estimated 31% of all traffic fatalities. "Obviously, there is no argument that more could be done to try and reduce the number of fatalities on North Carolina streets or highways" Raleigh Criminal Defense Lawyer M. Moseley Matheson stated. "The problem is requiring Interlock Devices on all vehicles for drivers convicted of a DWI in North Carolina is only good at preventing those that would be repeat offenders of violating North Carolina DWI Law. The possibility of this requirement serving as a deterrent for potential first time DWI Defendants is not persuasive as there are already severe consequences in North Carolina for being convicted of Driving Under the Influence."
With the various distinctions and nuances surrounding the North Carolina DUI Laws, it is important to understand what may occur if facing these type of charges. A good DWI Defense Lawyer Raleigh or anywhere else in North Carolina can make a big difference in potential sentences a Driver could face. If charged with a DUI in Wake County, contact the Matheson Law Office for a free consultation at 919-335-5291. We've handled hundreds of criminal and traffic charges for those in need of quality legal representation.