Raleigh DWI & DUI Lawyer

Raleigh DWI Lawyer

North Carolina has some of the strictest DWI laws in the nation. Receiving a DWI (Driving While Impaired) or DUI (Driving Under the Influence) in North Carolina is a serious offense that carries a maximum prison term of three years.

Facing charges is a serious situation, with potential outcomes that can significantly alter your life. Don’t try to fight alone. In addition to possibly going to jail, a DWI conviction can result in the suspension of your driver’s license, drastic insurance increases, and substantial fines.

Frickey Law DWI Lawyer is equipped to scrutinize the evidence, identify procedural errors, and formulate a solid defense strategy. With a comprehensive understanding of state laws, we provide essential support, striving to protect your interests with diligent and effective legal advocacy.

What Should I Do If I am Stopped for DWI?

If you find yourself being pulled over for a suspected DWI in North Carolina, your actions and decisions in those crucial moments can significantly influence the outcome of your case. Here is a step-by-step guide to help you protect your rights:

1. Maintain Calm and Cooperation: Approach the situation calmly and cooperate with the officer. Hostility or sudden movements can complicate the encounter.
2. Present Required Documents: When asked, provide your driver’s license, car registration, and insurance. This is a legal obligation.
3. Choose Your Words Wisely: You have the right to remain silent to avoid unintentionally providing information that could be used in a case against you. It’s within your rights to wait for an attorney before answering any questions.
4. Field Sobriety Tests: You may decline field sobriety tests, but refusing could lead to the suspension of your license and have implications in court.
5. Chemical Tests: Refusing breath or blood tests will trigger an automatic license suspension and may be unfavorable to your defense.
6. Seek Legal Representation: Regardless of test decisions, contacting a DWI lawyer is vital for legal guidance specific to your case.
7. Document the Event: Collect contact details of witnesses and note the details of the stop, such as time and location, if possible.

These measures can help position you favorably as you approach your DWI proceedings. Each case differs, and legal help from a DWI Lawyer is key to managing the charges you face.

Field Sobriety Tests

When stopped on suspicion of DWI in North Carolina, you may be asked to perform field sobriety tests. These tests are designed to gauge your physical and cognitive abilities and can include walking in a straight line, standing on one leg, or following an object with your eyes. The officer’s interpretation of your performance may influence the decision to arrest you for DWI.

The decision to participate in these tests is a significant one. Participation is not mandatory, and you are entitled to refuse. However, refusal can be complex; it does not carry the same immediate legal penalties as refusing a chemical test but may contribute to the officer’s assessment of impairment.

Click for more details about Navigating Sobriety Tests and Your Rights

Don’t Answer Questions About Your Drinking

During a DWI stop in North Carolina, officers may ask about your recent consumption of alcohol. Although the question appears simple, your response could significantly impact the outcome of your case.

You possess the legal right to refrain from answering. Interactions with officers should be handled with respect, and you’re entitled to communicate your preference to avoid discussing your drinking. Acknowledging alcohol intake can give law enforcement tangible evidence of impairment and might influence their decision to perform additional tests or proceed with an arrest.

It’s essential to remember that you’re not required to disclose any self-incriminating information. It’s prudent to convey to the officer your wish to consult with an attorney before discussing the details of your situation. For instance, stating, “I would like to consult with my lawyer before discussing any specifics,” can help assert your legal rights.

Remaining courteous while ensuring your rights are protected is paramount. Early consultation with a DWI lawyer can equip you with the proper advice for handling the immediate circumstances.

What Must the Prosecution Prove for DWI?

To be convicted of impaired driving, the State must prove beyond reasonable doubt that you were

1. Operating a vehicle,
2. On a street, highway, or public vehicular area (such as a parking lot) while
   1. a. under the influence of an impairing substance, or
   2. b. having an alcohol concentration of .08 or higher, or
   3. c. having certain drugs (Schedule I or its metabolites) in your body

In addition to any chemical analysis, impairment will also be attempted to be proven through many factors, including your performance on standardized field sobriety tests. These tests often include the Horizontal Gaze Nystagmus Test, the One-Leg Stand test, and the Walk and Turn test. Successful impaired driving prosecutions frequently hinge on a subject’s performance on these tests.

An experienced DWI lawyer trained in these specialized testing procedures can determine whether these tests were adequately administered and if there are any issues with your particular case.

In addition to being a member of the National College for DUI Defense, Mike has successfully completed the National Highway Traffic and Safety Administration DWI Detection and Standardized Field Sobriety course – the same training law enforcement officers receive.

How can an experienced DWI Lawyer Help?

At the Frickey Law Firm, we will work to ensure your case is handled thoroughly and with as little disruption as possible to your life. As early as ten days after your arrest, we will seek a limited driving privilege (if eligible) that will allow you to drive to and from work or school and for the maintenance of your household.

Case Results

• Driving While Impaired – Relevant Time after Driving
• Driving While Impaired – Unlawful Traffic Stop
• Driving While Impaired – Unlawful Arrest
• Driving While Impaired – Chain of Custody
• Driving While Impaired – .09 BAC – Not Guilty

Click for details on Case Results.

Defenses for DWI Charges in North Carolina

At the Frickey Law Firm, our DWI Lawyers will ensure no stone goes unturned.

In particular, we will closely examine the following:

1. Whether there was reasonable suspicion to stop your vehicle. Or if you passed through a checkpoint, whether that checkpoint complied with your Fourth Amendment protection against unreasonable search and seizure.
2. The length of your initial detention and the reason for any undue delay.
3. Whether the standardized field sobriety tests were administered correctly and whether the surrounding environment or your health may have affected your performance.
4. Whether there was probable cause to arrest you.
5. Whether you were read and understood your Miranda rights before questioning when you were in custody.
6. Whether the proper testing procedures, such as required observation periods, were followed before administering any chemical test.
7. Whether the chemical tests such as breath or blood tests were administered within a relevant time after driving as required by North Carolina law.
8. Whether the preliminary breath test (hand-held alco-sensor) and the Intoximeter were calibrated correctly and subjected to required preventative maintenance.
9. Whether you were denied critical access to witnesses to observe your condition or your submission to the breathalyzer.
10. Whether the State has secured the necessary witnesses to prove its case.

If any of your rights were violated, we may be able to suppress evidence or, in rare cases, obtain an outright dismissal of your case. If, after exhaustively analyzing your case, we determine that there are no legal defenses and sufficient evidence to convict you, we will work on your behalf to negotiate a fair plea agreement with the District Attorney.

If you qualify, we will seek a limited driving privilege on your behalf to ensure you can drive for work or other limited circumstances.

What are the Aggravating Factors for DWI Cases

In DWI cases, certain conditions or behaviors can lead to more severe penalties upon conviction. These are known as aggravating factors and are critically evaluated during sentencing, potentially resulting in stricter consequences. Important aggravating factors include:

• History of DWI Convictions: If you have been convicted of DWI previously, particularly if those incidents were close in time to the current charge, this history can significantly influence the court’s decision.
• Elevated Blood Alcohol Concentration: A blood alcohol level well above the legal threshold, such as 0.15% or higher, signals severe impairment and is treated seriously by the court.
• Reckless Driving: Engaging in dangerously careless driving actions, like speeding well over the limit or aggressive driving, is seen as worsening the offense.
• Operating with a Suspended License: If you were driving while your license was suspended due to a prior DWI or other serious infractions, this fact can lead to harsher penalties.
• Incidents Resulting in Damage or Minor Injury: If the DWI incident involved property damage or caused minor injuries, this could influence the court to impose stricter sentencing.
• Child Endangerment: Driving with a person under 18 in the vehicle at the time of the offense is particularly serious and considered an aggravating factor.
• Jurisdiction-Specific Factors: Some areas may have unique conditions that are seen as aggravating, such as driving in a school zone or having an open alcohol container in the vehicle.

Recognizing these aggravating factors is vital, as they directly impact defense strategies in DWI cases. A DWI lawyer with experience can help navigate these issues, aiming to reduce the impact of these factors on the case’s outcome.

BWI/BUI

Like DWI, Boating While Impaired is a severe criminal offense. In North Carolina, Boating While Impaired is a Class II Misdemeanor carrying a maximum punishment of 60 days in jail. The law surrounding impaired boating differs significantly from impaired driving. Our DWI Lawyers are experienced in handling BWI charges and is able to help you.

 

DWI Frequently Asked Questions

How long does a DWI stay on your record in NC?

A DWI conviction in North Carolina is permanent on your criminal record. This type of conviction is not eligible for expungement, meaning it will continue to influence aspects of your life, such as job prospects, insurance premiums, and professional licensing opportunities, without a limit on duration.

What are the consequences of the first DWI in NC?

Facing a first DWI in North Carolina brings about a series of legal repercussions and penalties. These may include:

• License Suspension: Expect a suspension of your driving privileges for a period that could be anywhere from 30 days up to a full year.
• Monetary Penalties: Fines can vary, with potential amounts starting from $200 and reaching up to $4,000, based on the offense’s gravity.
• Potential Incarceration: First-time offenders might avoid jail, but the law permits incarceration ranging from a minimum of 24 hours to as much as two years, influenced by any aggravating circumstances.
• Mandatory Assessment: You could be required to complete a substance abuse evaluation, potentially leading to compulsory attendance in educational or treatment programs related to alcohol.
• Community Service Requirement: The court might mandate a certain number of hours dedicated to community service.
• Increased Insurance Costs: Expect a rise in vehicle insurance rates following a DWI conviction, which can be substantial.

Is it possible to reduce a DWI charge in NC?

In North Carolina, there’s potential for a DWI charge to be lessened, contingent on the case’s particularities, your past driving and criminal record, and how compelling the evidence against you is.

It might be possible to negotiate a plea for a minor offense like reckless driving, which does not carry as harsh penalties as a DWI. Achieving such an outcome often involves strategic discussions led by a DWI lawyer well-versed in the nuances of your case, aiming to represent your interests effectively.

Does a DUI classify as a felony in NC?

Typically, DUI or DWI offenses in North Carolina are classified as misdemeanors, particularly for those facing their first charge. Nevertheless, under specific conditions, such as committing the offense for the fourth time within a decade or causing severe injury or fatality, a DWI can be elevated to a felony.

Felony convictions for DWI are associated with more severe consequences, including extended incarceration, significant fines, and prolonged suspension of driving privileges.

How do DUI and DWI differ in NC?

In the context of North Carolina, DUI (Driving Under the Influence) and DWI (Driving While Impaired) are terms that are often used with similar meanings, with DWI being the term officially recognized in legal proceedings. Both refer to the act of operating a vehicle while under the influence of alcohol or drugs. The state’s enforcement focuses on the driver’s level of impairment rather than a specific blood alcohol content level.

 

Need help from a DWI Lawyer? Schedule a free consultation now (919) 780-5808.