Anuvia > The DWI Process > Court Services/ADETS >The DWI Process

 

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

Stopped by Police

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 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 is Electronically Submitted 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  

 
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