Driving While Impaired (DWI)
Wake County, North Carolina – DWI Defense Attorney
In North Carolina, driving while impaired, commonly known as DWI, is a serious offense. A DWI in Wake County, even a first offense, can come with costly, long-term consequences. Choosing an experienced, dedicated DWI Defense attorney right away is crucial.
A few of the potential consequences of DWI include driver’s license suspension, fines, and court costs, probation, jail time, and significantly increased insurance rates. If you have been charged with DWI in Wake County, it is extremely important to hire legal counsel familiar with the local criminal justice system. When you work with me, expect clear and open communication, careful explanation of your options, and sound advice – helping you make smart decisions every step of the way.
What is DWI?
In North Carolina, DWI laws are complex. Drivers need to understand that you can be convicted of DWI if it is proven beyond a reasonable doubt that you drove or operated a motor vehicle:
- While under the influence of an impairing substance; OR
- With an alcohol concentration of 0.08 or more (.04 in a commercial vehicle); OR
- With any amount of a Schedule 1 controlled substance or its metabolites in your blood or urine
If you are under 21, North Carolina has a “zero-tolerance” policy for drivers who are under the legal drinking age and have alcohol in their system. You can also be separately charged with DWI if an officer believes that you are impaired.
Understanding North Carolina’s Implied Consent Law
In North Carolina, when you apply for a driver’s license, you inherently agree to follow the state’s driving laws AND you also agree to be tested for alcohol or drug use in the event you are charged with DWI. This is known as “implied consent.” Legally, you may refuse testing but doing so may result in the immediate loss of your driving 30 days and a license suspension for up to one year. Before agreeing to give breath, blood, or urine, you have the right to contact an attorney for advice.
DWI Penalties in Wake County
North Carolina uses numbered sentencing levels for DWI convictions (A1-5). Depending on your level, punishment can include:
- Probation
- Community service
- Jail time
- Court costs and fine
- Substance abuse assessment and treatment
- License suspension
Aggravating and mitigating factors are used to determine the sentencing level when someone is convicted of DWI. An experienced DWI attorney can advise you on what factors are likely to be found in your case and what level you can expect to be sentenced at in the event you are convicted.
How I Can Help
I understand that this can be a frightening and confusing experience, but at this stage, it’s important to remember that a charge is not a conviction and you remain innocent until proven guilty. I have defended hundreds of people, just like you and have dealt with all sorts of impaired driving scenarios. My goal is to help you protect your reputation and driving record, avoiding harsh penalties, and ultimately a DWI conviction.
I will carefully look at the facts of your case, including the circumstances of your initial stop and the evidence against you. I’ll work directly with you to create a plan of action and discuss possible defense strategies based on my experience. You can count on me to advise you about the strengths and weaknesses of possible defenses and how to achieve the best possible outcome in your specific circumstances.
Possible Defenses to DWI
- Challenging the validity or reasonable suspicion behind the initial traffic stop
- Showing the officer lacked probable cause to arrest you
- Challenging the reliability, accuracy, or admissibility of the breath/blood test
A DWI is often the most serious legal situation you will ever face and far too many people automatically assume that just because you have been charged with DWI, you will be convicted.
The guidance of a well-articulated, seasoned DWI lawyer who is fearless in the courtroom, offers you the most likely chance of avoiding a conviction altogether or in the event you are found guilty, arguing for a reasonable sentence.
Act quickly – secure a DWI defense attorney in Raleigh as quickly as possible
The success of many cases depends heavily on what happens early on, in those first moments or hours after you’ve been stopped or charged with DWI. Much of what takes place initially will have a direct effect on the development of your case and your future. The best thing you can do is contact me immediately, while the details are still fresh in your mind. My initial consultation is always free.