This can be a very complex legal issue with different options depending on the details of your case. If you are charged in NC you will likely have to come to NC for your court date. As far as the penalties for DWI are concerned you will face NC DWI penalties. The penalties for a DWI in NC can vary depending on what level DWI you are convicted of. If you are charged with a lower level such as a 5 you may only face a fine and limited driving privilege. However if you are charged in a higher level bracket such as 1 you may face extensive jail time and steep fines. Additionally depending on what aggravating or mitigating factors exist in your case it may change what punishment you receive. Basically regarding the substantive law of DWI you will face how the law is written in North Carolina.
The next question that follows is what happens to your driver’s license in your home state if you are convicted of DWI in North Carolina? If you are convicted of a DWI in NC your driver’s license in your home state may be suspended or revoked depending on the law in your state. Through the Interstate Compact DMV’s of different states share information and may see that you have been convicted of DWI in North Carolina. A conviction for DWI in North Carolina will result in a loss of driving privileges in NC until you are able to get limited driving privileges or your suspension in NC ends. To sum up, essentially your driver’s lisence in a different state may still be revoked or suspended depending on the DMV in your home state if you recieve a DWI in NC. You will likely lose the priviledge to drive in NC as well.
Typically what will occur is your license in your home state will be a delayed suspension. Essentially when you are convictd in NC, you can’t drive in NC but you can drive in all the other 49 states. This is because a NC Judge cannot suspend your license from your home state. The NC DMV will learn about the suspension and then report it to the national DMV database. DMV offices frequently update their recoreds with the national database and when you home state learns of the NC suspension it will suspend your license there. The good news is your home state will atleast send you notice of the suspension and typically give you 30 days to apply for a hardship license or driving privilege.
Again this area of the law can be complex, especially when dealing with DMV issues between different states. There may be other conditions placed by your home state or by NC, our firm handles DMV issues everyday, work with DMV Officers, and are well versed in DMV law. If you are charged with a DWI in North Carolina you need to contact a NC DWI attorney who can help you.