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The DWI Process

After having consumed alcohol or an impairing substance, a person decides to drive their vehicle.

For some reason the driver attracts the attention of the police.  Police will stop a motorist only if they have probable cause and suspect the driver is impaired.

The police will give on-the-spot field sobriety tests (example: heel to toe) to determine if the driver is impaired

Field Sobriety Tests

Arrested & Vehicle Secured

If the field sobriety tests show evidence of impairment, the subject is arrested and the vehicle secured.

The police take the driver to the local station for a breathalyzer test.

Refusal

Greater Than 0.08%

Less Than 0.08%

For drivers 21 or over, the per se Blood Alcohol Content (BAC) for being charged with DWI is 0.08%.  However, it is not unusual that drivers with BAC less than 0.08% be charged with DWI; particularly if they show signs of physical impairment.

A driver less than 21 will be charged with consuming alcohol if they have any amount of alcohol or a controlled substance in their body.

After being charged with DWI, the defendant is given a court date that his case will be tried in the local court.

Charged with DWI

Upon presentation of evidence by the arresting officer, the DA (Defense Attorney) and the defendant; the judge may determine the defendant to be not guilty.

Court

Not Guilty or Dismissed

If the defendant is found guilty, the level of sanction imposed will be based on sentencing factors and the defendant's driving record.

Guilty

Substance Abuse Assessment or Fails to Comply

Judges are required to mandate a substance abuse assessment and compliance with the recommended education (ADETS) or treatment as a condition of probation.  An assessment requires a $100 fee.  It is composed of a standardized instrument and a face to face clinical interview.  If the person fails to comply the driver's license remains revoked.  This person is subject to arrest for Driving While License Revoked (DWLR).

No Substance Abuse Handicap

Substance Abuse Handicap

If the person is determined not to have a handicap they must be recommended to the educational intervention Alcohol and Drug Education Traffic School (ADETS)

Those clients who do not meet the criteria for ADETS must be referred to an intervention of treatment.

ADETS Education

Treatment

ADETS requires 16 hours of education in a classroom setting.

There are 4 levels of treatment. (1) 20 hours for at least 30 days (2) 40 hours for at least 60 days (3) 90 hours Intensive Outpatient for at least 90 days (4) Inpatient treatment.

The client is expected to complete the recommendations, including the payment of all fees to the provider

Complete Assessor's Recommendations

Assessor Generates 508 Form

The completed 508 form is the only documentation which serves to verify the client has completed all the requirements of the DWI conviction and is then eligible to have the stop removed from the DMV record for this particular conviction.

The provider sends the completed form to the Substance Abuse Services office.  It is reviewed for correctness and data is recorded before delivering the form to North Carolina DMV.

508 Form Sent to Program Agency

508 Form Mailed to DMV

The 508 form is the only documentation that North Carolina DMV will accept as evidence of completion of requirements.

919-715-7000

508 Form is Posted to Client's Record at DMV

DMV will post this completion to the driving record to remove the stop for this particular DWI conviction.

This DWI Offense now shows as complete on DMV Records