If you've been charged with DWI or DUI, hire an experienced attorney to provide a strong legal defense.
Raleigh DWI DUI Defense Lawyer | NC Attorney
Raleigh DWI Lawyer
Driving under the influence (DWI) is a serious criminal offense in Raleigh, North Carolina. The state’s DWI laws are strict, and the consequences of a conviction can be severe. If you’ve been charged with impaired driving in North Carolina, it’s essential to work with a Raleigh DWI attorney.
At the Law Offices of J.M. Kotzker, P.C., we provide legal representation to clients facing charges for DWI offenses in NC. With an experienced criminal defense attorney, you can more easily navigate the complex court system, negotiate with the prosecution and district court, and protect your rights and interests in Raleigh, NC and the surrounding areas.
The attorneys from our Wake County law office do not believe one mistake should negatively affect the rest of your life. That’s why our Raleigh DWI attorneys are dedicated to fighting legal issues on your behalf to help you move forward and have the best possible outcome for your case.
Understanding Charges for DWI Cases in NC
In North Carolina, a law enforcement officer can pull you over if they suspect you are driving under the influence of drugs or alcohol.
Common reasons for law enforcement to have reasonable suspicion that a driver may be under the influence of drugs or alcohol include:
What to Expect from a DWI Traffic Stop in NC
Once you have been pulled over, law enforcement officers will look for signs of intoxication, such as bloodshot eyes, slurred speech, or the scent of alcohol, and may ask you to get out of the car to perform a series of sobriety tests to see if you have actual physical control of your actions or submit you to an alcohol breathalyzer to determine your blood alcohol content level.
Field Sobriety Tests (FSTs)
If the officer suspects impairment, they may ask you to perform field sobriety tests to assess your coordination, balance, and cognitive function. Standardized field sobriety tests include the walk-and-turn, one-leg stand, and horizontal gaze nystagmus (eye movement) test.
Participation in FSTs is generally voluntary, and you have the right to refuse them. However, refusal may lead to consequences such as arrest.
Breathalyzer Tests
In North Carolina, operating a vehicle implies consent to a chemical analysis of your breath, blood, or urine if you are arrested for DWI. If the officer has probable cause to believe you are impaired, they may request a breathalyzer test to measure your blood alcohol concentration to see if it is beyond the legal limit for driving in NC.
Refusing a breathalyzer test can result in immediate and harsh penalties, including license suspension.
How to Stay Safe During a NC DWI Stop
To stay safe during a DWI stop in North Carolina, it's important to follow these steps:
DWI Sentencing and Penalties for Drunk Driving Cases
If you’re facing charges for a DWI offense in Raleigh or the surrounding areas of North Carolina, you’ll face a range of penalties, including fines, jail time, driver’s license suspension, and more.
The specific consequences you’ll face from DWI charges that result in a conviction will depend on the circumstances of your case, including your BAC level, whether you have a prior DWI conviction, and any aggravating factors.
Some of the common consequences of DWI convictions in Raleigh include:
DWI Case Grossly Aggravating Factors
A grossly aggravating factor in DWI cases makes the charges more severe, as they compound the crime and include:
- Driving while intoxicated with a minor or disabled person in the car counts as two grossly aggravating factors.
- A previous DWI or DUI conviction within the past seven years of the current charge.
- Driving while intoxicated with a suspended license due to a previous DWI.
- Causing an accident in which another person was seriously injured.
DWI Cases Involving Aggravating Factors
Aggravating factors will also make your penalty more severe, but not to the extent of gross impairment aggravating factors.
These factors include:
- BAC of 0.15 or above
- Causing an accident that does not result in serious injury
- Having two or more traffic violations but no DWIs
- Driving a motor vehicle on a suspended license (but not due to DWI)
- Having a DWI conviction more than seven years old
Mitigating Factors for DWI Charges
The district attorney’s office may use mitigating factors to lessen the penalty of reckless driving and DWI if there is significant evidence that you do not pose a threat as a repeat offender or danger to the public.
Some potential mitigating factors that can work to help during the sentencing stage of a DWI case include:
- BAC of 0.09 or below
- Impairment caused by a lawfully prescribed drug that was taken in the prescribed manner
- Having a safe driving record with no prior DWI charge or prior conviction
What Are the Legal Penalties for DWI Crimes in North Carolina?
A DWI charge and the factors involved in each specific case are used to determine the “Level” of DWI an individual is charged for, allowing the court to then assign the applicable penalty under North Carolina law.
Common DWI penalties include:
Level 1A (Most severe)
Three or more grossly aggravating factors; a minimum jail sentence of 120 days to 36 months in jail.
Level 1
Two grossly aggravating factors, with a minimum 30 days in jail up to 24 months.
Level 2
One grossly aggravating factor, with a minimum 7 days in jail up to 12 months.
Level 3
More aggravating factors than mitigating factors, with up to six months in jail and possible community service.
Level 4
Equal amounts of mitigating and aggravating factors with up to 120 days in jail and possible community service.
Level 5
More mitigating factors than aggravating factors, with up to 60 days in jail and possible community service.
PROTECT YOUR FUTURE WITH OUR EXPERIENCED RALEIGH DWI LAWYERS
A DWI conviction will follow you for years and can include time in jail, hefty fines, and an inability to find employment or even rent an apartment. You have the constitutional right to legal representation in your case. A Raleigh DWI lawyer will fight charges for criminal offenses including DWI on your behalf to protect your rights and create a strategy that will lead to the best practical outcome in your case.
Depending on the circumstances, we strive to have charges dropped or reduced, introduce mitigating circumstances, and minimize penalties to help you move forward with your life. At the Law Offices of J.M. Kotzker, P.C., our Raleigh DWI lawyers are committed to providing the best defense to our clients and have successfully represented thousands of clients throughout Wake County.
To schedule a free consultation and case review, schedule an appointment today by calling us at 919-439-5104 or by filling out our contact form below.
