Being charged with Driving While Impaired (DWI) in North Carolina is a serious matter that can affect nearly every part of your life. From the moment of arrest, you are facing potential jail time, steep fines, driver’s license suspension, higher insurance rates, and even the possibility of losing your job. Unlike a simple traffic ticket, a DWI is a criminal offense that stays on your record and can have long-lasting consequences.

North Carolina has some of the strictest DWI laws in the country, and prosecutors in Union County aggressively pursue convictions. What happens in the days immediately after your arrest can have a major impact on the outcome of your case. Understanding the law, the penalties you may face, and the defenses that may be available is the first step toward protecting yourself.

At The Khan Law Offices, we know how overwhelming a DWI charge can feel. With more than 50 years of combined legal experience, our attorneys have defended clients across Union County and throughout North Carolina against impaired driving charges. We fight to protect your rights, your license, and your future. If you have been charged with DWI in Union County, don’t wait—contact The Khan Law Offices today for the skilled defense you need.

North Carolina DWI Laws Explained

In North Carolina, Driving While Impaired (DWI) is defined under N.C. Gen. Stat. § 20-138.1. The law makes it unlawful for any person to drive a vehicle on a highway, street, or public vehicular area while:

• Having a blood alcohol concentration (BAC) of 0.08% or higher.
• Having a BAC of 0.04% or higher if operating a commercial vehicle.
• Having a BAC of 0.01% or higher if under the age of 21 (North Carolina is a “zero tolerance” state for underage drivers).
• Being under the influence of an impairing substance, which includes alcohol, illegal drugs, prescription medications, or any combination that affects a driver’s mental or physical faculties.

It’s important to note that a driver does not need to register over the legal BAC limit to be charged. Prosecutors can pursue a DWI if the officer testifies that your mental or physical faculties were appreciably impaired by alcohol or drugs—even if your BAC was below 0.08%.

Because North Carolina law allows for both chemical test results and officer observations to prove impairment, defending against a DWI requires a thorough review of every detail of the stop, arrest, and testing process.

At The Khan Law Offices, we carefully examine whether the arresting officer had probable cause, whether testing procedures were followed correctly, and whether your rights were respected. If you’ve been accused of DWI in Union County, call The Khan Law Offices today. The sooner you involve an experienced defense attorney, the more options you’ll have to fight your charges.

Penalties for DWI in North Carolina

North Carolina has one of the toughest sentencing structures for DWI offenses in the country. Penalties are determined by a five-level system under N.C. Gen. Stat. § 20-179, which considers aggravating and mitigating factors when setting punishment.

• Level V (least severe): Fines up to $200 and a minimum of 24 hours to 60 days in jail. The jail sentence may be suspended in favor of community service and probation.
• Level IV: Fines up to $500 and a minimum of 48 hours to 120 days in jail.
• Level III: Fines up to $1,000 and a minimum of 72 hours to 6 months in jail.
• Level II: Fines up to $2,000 and a minimum of 7 days to 1 year in jail.
• Level I (most severe for misdemeanors): Fines up to $4,000 and a minimum of 30 days to 2 years in jail.

For repeat offenders, the penalties are far more serious. A person with three prior DWI convictions within 10 years may be charged as a Habitual DWI offender under N.C. Gen. Stat. § 20-138.5, which is a felony offense carrying a mandatory minimum active prison sentence of one year.

In addition to jail time and fines, a DWI conviction also brings significant collateral consequences:

• Driver’s license revocation (at least 1 year for a first offense under N.C. Gen. Stat. § 20-17).
• Ignition interlock device requirements for repeat offenders or drivers with a BAC of 0.15% or higher (N.C. Gen. Stat. § 20-17.8).
• Substantially higher insurance premiums and a lasting criminal record.

These penalties illustrate why fighting a DWI charge aggressively is essential. Without skilled representation, even a first offense can leave lasting consequences that affect your ability to drive, work, and support your family.

At The Khan Law Offices, we fight to minimize or eliminate these penalties wherever possible—whether by negotiating reduced charges, challenging evidence, or pursuing dismissal. If you’re facing DWI charges in Union County, contact The Khan Law Offices today. The sooner you act, the stronger your defense will be.

Common Defenses Against DWI Charges

While a DWI charge in North Carolina is serious, it is not unbeatable. The law allows defendants to challenge every stage of the arrest and testing process, and many cases can be reduced or even dismissed if errors are uncovered. At The Khan Law Offices, we examine each detail of your case to identify possible defenses, including:

1. Lack of Reasonable Suspicion for the Stop
Under the Fourth Amendment and N.C. Gen. Stat. § 15A-974, officers must have reasonable suspicion of a traffic violation or criminal activity to stop a driver. If the stop was unlawful, all evidence obtained may be suppressed.

2. Improper Administration of Field Sobriety Tests
Tests like the walk-and-turn or one-leg stand must follow standardized procedures. Medical conditions, fatigue, or uneven road conditions can affect performance and create false impressions of impairment.

3. Inaccurate Breathalyzer Results
Breath-testing devices must be properly calibrated and maintained under strict state guidelines (N.C. Gen. Stat. § 20-139.1). Operator error or machine malfunction can invalidate results.

4. Blood Test Errors
Blood samples must be collected, stored, and tested correctly. Chain-of-custody issues or contamination may undermine test reliability.

5. Insufficient Evidence of Impairment
Even if your BAC is below 0.08%, prosecutors may argue you were “appreciably impaired.” Strong cross-examination of officer observations can expose weaknesses in the state’s case.

Every DWI case is different, and the right defense strategy depends on the facts. An experienced defense attorney can spot issues that might otherwise be overlooked and use them to your advantage in court.

At The Khan Law Offices, we know how to challenge questionable stops, faulty tests, and weak evidence to protect our clients. If you’ve been charged with DWI in Union County, don’t assume conviction is inevitable—contact The Khan Law Offices today for a personalized defense strategy.

What to Do After a DWI Arrest in Union County

A DWI arrest can leave you feeling overwhelmed, but the steps you take immediately afterward can have a major impact on your case. Knowing your rights and making smart decisions early gives you the best chance at a favorable outcome.

1. Remain Calm and Respectful
While it’s natural to feel anxious, avoid arguing with the officer or making unnecessary statements. Anything you say can be used against you in court.

2. Exercise Your Right to Remain Silent
Under the Fifth Amendment and N.C. Gen. Stat. § 15A-501, you are not required to answer incriminating questions. Politely inform the officer that you wish to remain silent until speaking with an attorney.

3. Request an Attorney Immediately
Do not try to explain yourself or negotiate with police. At your first court appearance (required within 48 hours or the next court session under N.C. Gen. Stat. § 15A-601), make sure you have legal counsel ready to protect your rights.

4. Attend All Court Dates
Failing to appear can result in additional charges, a warrant for your arrest, and stricter bond conditions.

5. Begin Preparing Your Defense Early
Work with your attorney to collect evidence such as witness testimony, medical records, or video footage that may support your case. The earlier your lawyer gets involved, the more opportunities there are to challenge the state’s evidence.

At The Khan Law Offices, we guide clients through every step following a DWI arrest—from the first appearance to trial preparation. Our attorneys know how Union County prosecutors handle these cases, and we use that knowledge to protect your future. If you’ve been arrested for DWI, don’t delay—contact The Khan Law Offices today. The sooner we begin working on your defense, the stronger your case will be.

Protect Your Future with a Union County DWI Defense Lawyer

A DWI conviction in North Carolina can bring lasting consequences—jail time, heavy fines, license suspension, and a permanent criminal record. While the laws are strict, every case is unique, and there are often opportunities to challenge the evidence against you. The outcome of your case will depend on how quickly you act and the quality of your defense.

At The Khan Law Offices, we bring more than 50 years of combined experience to defending clients charged with DWI across Union County and Monroe. We know how local courts operate, and we work tirelessly to protect your rights, your license, and your future.

If you or someone you love is facing a DWI charge, don’t wait. Contact The Khan Law Offices today to schedule a consultation and put an experienced defense team on your side.