What is Impaired Driving?

Impaired driving is operating a motor vehicle while your ability to do so is compromised by alcohol, drugs, or other substances. This can be a complex topic, but we’ll break it down into simple parts: the definition, BAC levels, and impairing substances.

Definition

Impaired driving means driving a vehicle when your mental and physical abilities are affected by substances. These substances can include alcohol, illegal drugs, prescription medications, and even over-the-counter medicines. The key point is that these substances make it unsafe for you to drive.

BAC Levels

Blood Alcohol Concentration (BAC) is the primary measure used to determine alcohol impairment. BAC is the amount of alcohol in your blood, measured as a percentage. Here are the standard BAC limits:

• 0.08% for most drivers aged 21 and over.
• 0.04% for commercial drivers.
• 0.01% for drivers under 21.

If your BAC is at or above these limits, you are considered legally impaired. For example, if a driver aged 21 has a BAC of 0.08% or more, they are automatically considered impaired under the law.

Impairing Substances

While alcohol is the most commonly discussed impairing substance, other substances can also affect your ability to drive safely. These include:

• Illegal drugs: Substances like cocaine, marijuana, and methamphetamine can severely impair your driving.
• Prescription medications: Drugs like sleep medications (e.g., Ambien) and some antidepressants can also impair your driving skills.
• Over-the-counter medicines: Even common medications like antihistamines can make you drowsy and affect your driving.

Even if you have a prescription for a medication, driving under its influence can still be illegal if it impairs your ability to drive.

Now that we’ve covered what impaired driving is, let’s move on to the legal consequences of this serious offense.

Is Impaired Driving a Criminal Offense?

Yes, impaired driving is a criminal offense. It can be classified as either a misdemeanor or a felony, depending on the specifics of the case. Let’s break down the differences and legal consequences for each type.

Misdemeanor Impaired Driving

A first-time impaired driving offense is generally considered a misdemeanor. This classification implies serious consequences, but not as severe as those for felonies. Here’s what you can expect if charged with a misdemeanor impaired driving offense:

• Penalties: These can include up to a year in jail, fines that can range from hundreds to thousands of dollars, and mandatory community service.
• Community Service: Courts often require offenders to complete a certain number of community service hours.
• Alcohol Education Classes: Mandatory attendance in alcohol education or treatment programs.
• Probation: Typically ranging from three to five years.
• License Suspension: Your driving privileges will likely be suspended for a period.
• Ignition Interlock Device (IID): You may be required to install an IID in your vehicle, which prevents it from starting if alcohol is detected on your breath.

Even though these penalties are less severe than those for felonies, they can still have significant, long-lasting impacts on your life.

Felony Impaired Driving

Felony impaired driving charges are far more serious and can arise under several circumstances:

• Habitual Offenses: If you have multiple impaired driving convictions within a certain period (e.g., three or more offenses within ten years), you may be charged with a felony. In North Carolina, this is known as Habitual Driving While Impaired and is classified as a Class F felony.
• Severe Penalties: Felony charges can lead to much harsher penalties, including imprisonment for over a year. For example, Habitual Driving While Impaired in North Carolina can result in up to 59 months in prison.
• Mandatory Prison Sentences: Felony convictions often come with mandatory prison sentences that cannot be suspended. For instance, North Carolina mandates a minimum active term of not less than 12 months for Habitual Impaired Driving.
• Additional Consequences: These can include permanent revocation of your driver’s license and vehicle forfeiture.

Other scenarios that can lift impaired driving to a felony include causing serious injury or death. For instance:

• Felony Death by Vehicle: If you unintentionally kill someone while driving impaired, you could be charged with a Class D felony.
• Felony Serious Injury by Vehicle: Causing serious injury while driving impaired can result in a Class F felony charge.

These severe penalties underscore the importance of understanding the gravity of impaired driving offenses. The legal consequences can be life-altering, making it crucial to seek legal advice if you find yourself facing such charges.

Next, we’ll dig deeper into the specific legal consequences of impaired driving, including potential jail time, fines, and the impact on your driving privileges.

Legal Consequences of Impaired Driving

Impaired driving is not just a traffic violation; it carries severe legal consequences that can significantly impact your life. Understanding these consequences can help you steer the legal system more effectively. Let’s break down the potential penalties and how they are determined.

Sentencing Levels and Penalties

In North Carolina, sentencing for impaired driving is categorized into five levels, with Level I being the most severe and Level V the least. The judge will determine your sentencing level based on the presence of aggravating and mitigating factors.

Level I-V Penalties

• Level I: This is the most severe level. If convicted, you could face a jail sentence of 30 days to 24 months, along with hefty fines.
• Level II: A jail sentence ranging from 7 days to 12 months, plus fines.
• Level III: Jail time of 72 hours to 6 months, with possible community service instead of jail time.
• Level IV: Jail time of 48 hours to 120 days, with community service as an alternative.
• Level V: The least severe, with jail time of 24 hours to 60 days, or community service.

Aggravating and Mitigating Factors

The judge will look at specific factors to determine the appropriate sentencing level. These factors can either increase (aggravate) or decrease (mitigate) the severity of your punishment.

Grossly Aggravating Factors

These are the most serious factors and can lead to harsher penalties:

• Prior DWI Conviction: If you have a prior DWI conviction within the last 7 years, it will significantly impact your sentencing.
• Revoked License: Driving with a revoked license due to a previous DWI.
• Serious Injury: Causing serious injury to another person while driving impaired.
• Child in Vehicle: Having a child under 16 in the vehicle at the time of the offense.

Aggravating Factors

These factors also lead to increased penalties but are less severe than grossly aggravating factors:

• High BAC: A blood alcohol concentration (BAC) of 0.15 or more.
• Reckless Driving: Especially reckless or dangerous driving.
• Accidents: Causing an accident due to negligent driving.
• Speeding: Driving at least 30 miles per hour over the legal speed limit.

Mitigating Factors

These factors can help reduce your penalties:

• Slight Impairment: If your impairment was slight and your BAC did not exceed 0.09.
• Safe Driving Record: Having no significant driving offenses in the past 5 years.
• Voluntary Treatment: Seeking treatment for substance abuse after being charged.

Impact on Sentencing

The presence of one or more grossly aggravating factors can lead to mandatory jail time. For example, one grossly aggravating factor typically results in at least 7 days of jail time, while two or more can lead to at least 30 days. Aggravating and mitigating factors will be balanced by the judge to determine the final sentence.

Next, we’ll explore the various defense strategies you can employ if you are facing impaired driving charges. Understanding these can significantly impact the outcome of your case.

Defenses Against Impaired Driving Charges

Facing impaired driving charges can be overwhelming, but understanding your defense options can make a significant difference. Let’s explore some common defense strategies that can be employed.

Legal Strategies

Burden of Proof: In any criminal case, including impaired driving, the prosecution must prove your guilt “beyond a reasonable doubt.” This high standard means that if there’s any reasonable doubt about your impairment, you should not be convicted.

Experienced Attorney: Having a skilled attorney is crucial. An experienced lawyer can navigate the complexities of impaired driving laws, challenge evidence, and present alternative explanations.

Challenging BAC Results

One common defense is to question the accuracy of Blood Alcohol Concentration (BAC) test results. Here are some ways to do this:

• Breathalyzer Flaws: Breathalyzers can sometimes produce inaccurate results due to machine error or improper calibration.
• Rising BAC: Your BAC can continue to rise for up to two hours after drinking. If you were tested a while after being pulled over, your BAC might have been lower while you were driving. This is known as the “rising BAC” defense.

Questioning Officer Conduct

Police officers must follow strict procedures during DUI stops. If they don’t, the evidence they collect might be inadmissible. Here are some aspects to consider:

• Reasonable Suspicion: The officer must have had a valid reason to stop you. If not, any evidence gathered during the stop might be thrown out.
• Field Sobriety Tests: These tests must be administered correctly. If the officer didn’t follow the proper procedures, the results might not be valid.

Alternative Explanations

Sometimes, there are other reasons for behavior that might be mistaken for impairment:

• Medical Conditions: Certain medical conditions can mimic signs of intoxication. For example, diabetes can cause symptoms like slurred speech and unsteady movements.
• Not the Driver: If you weren’t driving the vehicle, you can’t be charged with impaired driving. Witnesses or surveillance footage can support this defense.

Frequently Asked Questions about Impaired Driving

Is impaired driving a type of offense?

Yes, impaired driving is definitely a criminal offense. In most states, it falls under the category of Driving Under the Influence (DUI) or Driving While Intoxicated (DWI). The specific laws and terminology can vary from state to state, but the core concept remains the same: operating a vehicle while your ability to do so is impaired by alcohol, drugs, or other substances.

For instance, in North Carolina, impaired driving is defined under § 20-138.1. It includes driving with a Blood Alcohol Concentration (BAC) of 0.08% or more, or with any amount of a Schedule I controlled substance in your system. This can be either a misdemeanor or a felony, depending on various factors like prior convictions or whether serious injury or death occurred.

What is considered legally impaired driving in the US?

Legally, impaired driving in the U.S. is defined by specific BAC levels and the presence of impairing substances. Here’s a quick rundown:

• BAC of 0.08% or more: Most states consider you legally impaired if your BAC is 0.08% or higher.
• BAC of 0.05%: In Utah, the legal limit is stricter at 0.05%.
• Impairing Substances: Any amount of certain controlled substances, like those listed in G.S. 90-89, can also result in a DUI charge.

Is impaired driving a misdemeanor in Florida?

Yes, impaired driving can be a misdemeanor in Florida, especially for first-time offenders. According to Florida’s traffic laws, a first DUI offense is usually classified as a misdemeanor. Penalties can include:

• Up to 6 months in jail
• Fines ranging from $500 to $1,000
• License suspension for up to 6 months
• Mandatory community service

However, the severity of the offense can escalate. For example, if you have prior convictions or if someone was injured or killed, the charge can be liftd to a felony, leading to much harsher penalties.

Next, we’ll discuss the legal consequences of impaired driving, including potential jail time, fines, and license suspension. Understanding these penalties can help you prepare for what lies ahead.

Conclusion

Understanding the gravity of impaired driving and its consequences is essential. Impaired driving is a serious criminal offense that can lead to significant legal repercussions, including jail time, hefty fines, and license suspension.

Whether classified as a misdemeanor or felony, the impact on your life can be severe. First-time offenders might face community service and fines, while habitual offenders or those causing injury or death could see mandatory prison sentences.

At Inland Empire Criminal Defense, we specialize in navigating the complexities of DUI and impaired driving laws. Our experienced team is dedicated to providing a robust defense tailored to your unique situation. We strive to mitigate immediate penalties and protect your long-term interests.

If you or a loved one is facing impaired driving charges, don’t navigate this challenging time alone. Reach out to us for a free consultation. We’re available 24/7 to answer your questions and provide the legal support you need.

Contact Inland Empire Criminal Defense today for expert legal assistance. For more information on felony DUI laws, visit our felony DUI laws page.