Raleigh DWI Defense Attorney

At Marcilliat & Mills PLLC, our Raleigh criminal defense attorneys represent individuals who are arrested for DWIs throughout North Carolina.

Here, the charge is technically called, driving while impaired (DWI). And a conviction for a DUI in the Tar Heel State can result in the loss of driving privileges, increased insurance rates, employment consequences, court fines, jail time, and financial uncertainty.

Both aggravating and mitigating factors will be considered during your case and will contribute to or lessen the penalties sought by the North Carolina prosecutor’s office, so not all DWI cases and offenses are as straightforward as they may seem.

While many believe there is little they can do about these charges, but suffer the consequences, they are arrests like all others, which require proof that are you guilty beyond a reasonable doubt.

Our skilled Raleigh DWI defense lawyer will review the circumstances that led to you being pulled over, how your Blood Alcohol Concentration was obtained, and any additional evidence compiled against you to ensure your rights were not violated during the legal process.

If they were, we will move quickly to have your charges dismissed or pursue a lesser charge as we fight to help you keep your driving privileges, so you learn from the experience and put it behind you.

What are the Penalties for a First Drunk Driving Offense in North Carolina?

Driving while impaired in North Carolina is a serious crime — even for first-time offenders.

Because of an impaired driver’s increased ability to harm other motorists, pedestrians, or bicyclists on our roadways, North Carolina imposes long-term penalties that are designed to deter the behavior.

The legal consequences of a first DWI conviction in North Carolina may include:

• Loss of a driver’s license for one year
• Probation
• Fines
• Alcohol assessment classes
• Community service

Personally, the charges can also include increased auto insurance premiums, and job loss in certain professions.

Our DWI defense lawyers in Raleigh know that most first-time offenders are embarrassed by these charges and will do anything they can to make the just go away. Instead of agreeing to a “deal” with the prosecutor’s office, contact our Raleigh DWI defense attorneys to learn how you can put these charges behind you with the guidance of an attorney who is protecting your best interests.

Call us today to learn more about your legal rights and options, so you can face your North Carolina DWI charges with confidence.

Subsequent North Carolina Drunk Driving Offenses Come With Increased Penalties

Like most criminal charges, a second or subsequent DWI will come with increased legal penalties in North Carolina.

A second or subsequent DWI conviction in North Carolina will result in significant penalties ranging from:

• License suspension from one to four years
• Ignition Lock requirement
• Extensive fines
• Long-term probation requirements
• Minimum jail time of four days up to two years

North Carolina has a “lookback period” that is measured by the date of your last DWI conviction to the date of the new DWI arrest that contributes to the level and enforcement of penalties.

If you have a history of DWI arrests and are unsure about what that means to your future, contact our skilled Raleigh driving while impaired defense lawyers today to discuss your case, and learn how we can design the best legal strategy to protect your opportunities now and going forward.

Can I Go to Jail for Habitual Driving While Impaired Charges in North Carolina?

In North Carolina, a third DWI conviction within ten years is a felony called Habitual Impaired Driving.

Habitual Impaired Driving conviction penalties include:

• Lifetime loss of a driver’s license, which cannot be reinstated at any time or appealed for any reason.
• Minimum prison sentence of one year, which cannot be suspended or shortened for any reason.

The life-changing aspect of a single DWI conviction in North Carolina can and will carry over to other aspects of your life, and can add up quickly, even after deciding to get behind the wheel after having just a couple of drinks.

Whether it is your first DWI or a subsequent DWI arrest that comes with the threat of jail time, do not leave your future to chance. Contact our skilled Raleigh DWI defense attorney today to discuss your case and learn more about how we can help you pursue the best outcome.

Additional Types of DWI Charges in North Carolina

North Carolina treats DWI cases seriously, but some situations carry even stricter rules and more severe penalties. 

Underage DWI

North Carolina is strict on underage drinking and driving: there is a zero-tolerance law for anyone under 21. This means it is illegal for them to drive with any amount of alcohol in their system whatsoever. Even if they aren’t intoxicated, they can still be charged with and convicted of an underage DWI. This is a class 2 misdemeanor, and they face a mandatory one-year license revocation, fines up to $1,000, jail time, and community service requirements. 

CDL DWI

For those with a commercial driver’s license, the law also has a lower threshold. You cannot drive if you have a BAC of .04% or higher. This is true even if you’re not in a commercial vehicle; just holding the commercial driver’s license lowers the DWI threshold. If you’re convicted, you face a 30-day civil suspension and an automatic one-year disqualification from commercial driving (increases to three years if you were driving with hazardous materials). A second offense comes with a lifetime disqualification. 

Felony DWI

Most DWI charges in North Carolina are misdemeanors, but they can become felonies under certain conditions. Felony DWI applies if you have three or more previous DWI convictions in the past ten years. A felony can also be charged if you seriously injure or kill someone while driving impaired.

Common Defense Strategies for Raleigh DWI Charges

Facing a DWI charge can be intimidating. It’s helpful to understand that there are certain legal defenses that can be raised, and what they are. Some common ones include: 

Challenging the Traffic Stop

When you’re arrested for DWI, the police must have legally stopped you. This means they must have had reasonable suspicion or probable cause that you were violating a traffic law or they had some other legitimate reason to pull you over. If they don’t have this, then your lawyer can argue in a motion to suppress that all evidence and statements recovered and made as a result of the illegal stop should be thrown out. This can lead to the case being dismissed.  

Questioning Field Sobriety Tests

Field sobriety tests are highly subjective and open to officer interpretation. Some medical conditions can mimic impairment, and someone might also appear to be under the influence if they are nervous or if uneven ground or other roadside conditions aren’t ideal. Your lawyer can point out these problems with the test and argue that they don’t actually prove your impairment.  

Reviewing Chemical Breath or Blood Test Results

Breathalyzer machines and blood tests aren’t perfect, and neither are the people who administer them. Machines may be miscalibrated or improperly maintained, which can cause false readings. Human error in administering the test, or improper sample handling, can all lead to false readings. Your lawyer can request data on the samples and machines to analyze whether any of these defenses may be valid. 

Not Operating the Vehicle 

To be convicted of a DWI, you must have actually been driving or in actual physical control of the vehicle. If you weren’t driving, you can argue that the elements weren’t met. For example, some people are arrested for DWIs while they are sitting in the front seat and parked because the officers argue that they were in actual physical control. Your lawyer can counter this argument and fight for you at trial. 

Raleigh DWI defense attorneys carefully analyze every aspect of your case for flaws and inconsistencies that could protect you or reduce potential consequences.

Can a North Carolina DWI Be Expunged From My Record?

The short answer is no. Even first offense DWI convictions cannot be expunged from your record in North Carolina.

This means a conviction, even one that comes with a guilty plea with the prosecutor’s office, will not only come with legal penalties but will also be visible during a criminal history background check going forward.

The key element in North Carolina DWI cases is to avoid a conviction altogether. We can help.

Contact Our Skilled Driving While Impaired Defense Lawyer in North Carolina Today

Contact our skilled Raleigh DWI defense attorneys at Marcilliat & Mills PLLC today by calling (919) 838-6643 or contact us online to schedule a free consultation to learn how we can empower you to take a stand and pursue the best outcome for your unique legal circumstances.