NC’s Driving Privilege

North Carolina recognizes a privilege, not a right to drive. As a consequence, North Carolina’s view of traffic laws and traffic offenses can be harsh. This applies in particular with DWI/DUI and drunk driving cases.

In addition, the policy of the Wake County District Attorney is that anyone charged with a DUI, DWI or drunk driving offense either plead guilty to that offense, or go to trial. The Wake County District Attorney rarely accepts pleas to lesser charges in exchange for dismissal of the DUI, DWI or drunk driving charge.

As a result, drivers who are stopped and charged with a DUI offense in Wake County frequenly go to trial, unless the DA agrees a favorable sentencing recommendation.

First, let’s look at the North Carolina Driving While Impaired (DWI) laws. These laws are codified at N.C.G.S. 20-138.1 and 20-179.