Raleigh Skyline

Stay Safe This Holiday Season: Updates on DWI and Crime Laws in Wake County  

The holiday season in Wake County brings joy, family gatherings, and celebration, but it can also come with major stress and even legal risks. Law enforcement ramps up its efforts during the holidays to combat issues like driving while impaired (DWI), drug-related offenses, and property crimes. 

If you’re celebrating with alcohol, marijuana, or other substances, it’s essential to stay informed about local laws and enforcement efforts. Here, our team at The Law Offices of J.M. Kotzker, P.C., outlines recent legal updates and tips to stay safe during the holiday season.

DWI Laws in Wake County

Holiday celebrations often involve alcohol, which unfortunately leads to a spike in impaired driving incidents. In Wake County and throughout North Carolina, they take these offenses seriously.

Increased DWI Checkpoints in Wake County

In Wake County, law enforcement intensifies DWI checkpoints during the holiday season as part of the “Booze It & Lose It” campaign. These checkpoints aim to deter and catch impaired drivers, with officers checking for signs of intoxication from alcohol and other drugs.

Encountering a DWI checkpoint can be intimidating, but knowing your rights can help you navigate the situation:

Stay Calm and Polite

Arguing or becoming confrontational can escalate the situation.

Provide Basic Information

You are required to show your driver’s license, vehicle registration, and proof of insurance.

Know Your Rights

You can refuse field sobriety tests, but this may result in an immediate license suspension under North Carolina’s implied consent law.

Request Legal Counsel

If arrested, ask to speak with an attorney before answering further questions.

Key DWI Laws in North Carolina

Before you hit the road this season, keep these DWI laws in mind:

  • A blood alcohol concentration (BAC) of 0.08% or higher for drivers 21 and older qualifies as impaired driving.  
  • For drivers under 21, North Carolina has a zero-tolerance policy, meaning any detectable alcohol can lead to charges.  
  • Commercial drivers are subject to stricter rules, with a legal BAC limit of 0.04%.  

Failure to comply with field sobriety tests or breathalyzer tests can lead to additional penalties, including immediate license suspension.  

Rising Concerns About Drugged Driving

Alcohol isn’t the only concern. Drugged driving—whether involving marijuana, prescription medications, or illicit drugs—has become a growing issue. In North Carolina, it’s illegal to operate a vehicle while impaired by any substance, and this includes:  

Marijuana

Even as discussions around legalization grow, marijuana remains illegal for recreational use in North Carolina. Law enforcement uses field tests and observations to determine impairment.  

Prescription Medications

Drugs like opioids, benzodiazepines, and sleep aids can impair motor skills and reaction time, leading to DWI charges.

Illicit Drugs

Cocaine, heroin, MDMA (ecstasy), and methamphetamine carry severe penalties for use and possession, and driving under the influence of these substances can result in even harsher consequences.

Wake County law enforcement is trained to detect impairment from drugs and may request blood tests to confirm the presence of controlled substances.

Heightened Penalties During the Holidays

North Carolina courts take a tough stance on DWI and related offenses, and the holiday season often sees harsher penalties for those caught violating the law. For a DWI offender, penalties can include:  

  • Fines up to $4,000  
  • Jail time ranging from 24 hours to 12 months  
  • Mandatory alcohol or drug education programs  
  • License suspension for up to one year  

Repeat offenders or those with aggravating factors, such as driving with a child in the car, face even stiffer consequences, including longer jail time and permanent license revocation.  

Tips for Celebrating Responsible this Holiday Season

The pressures of the holiday season—financial strain, family dynamics, and packed schedules—can push some individuals to turn to alcohol or drugs as a coping mechanism. However, this can lead to risky behaviors, including impaired driving or public disturbances.  

As you make your holiday plans, consider working in some of these tips to reduce your risk—and to better enjoy your holiday season:

Plan Ahead

Use ride-sharing services or designated drivers if you plan to drink.  

Set Limits

Know your alcohol tolerance and stick to it.  

Seek Support

If holiday stress becomes overwhelming, reach out to a counselor, friend, or support group. 

Property Crime and the Holiday Season

While DWI incidents often dominate holiday headlines, property crimes such as home and car break-ins, shoplifting, and fraud also surge during this time. The heightened hustle and bustle of the season, combined with increased shopping activity and the distraction of festivities, creates ideal conditions for opportunistic criminals.  

With many people traveling during the holidays or leaving their homes for extended periods to attend events, burglars have more opportunities to strike. Unlocked doors and windows, poorly lit properties, and visible valuables can make homes or cars easy targets. Crowded parking lots at malls and shopping centers often become hotspots for car break-ins.  

To deter thieves, follow a few guidelines: 

  • Always lock your doors and windows, whether at home or in your vehicle.  
  • Avoid leaving packages, shopping bags, or personal items in plain view inside your car.  
  • Install motion-sensor lights or a security system to deter potential intruders.  

The Rise in Car Accidents 

Whether due to heavier traffic, distracted driving, or hazardous weather, car accidents often see a major spike around this time of year, leading to severe injuries and legal challenges. 

wake county traffic - dwi and crime law updates

Increased Traffic on the Roads 

During the holidays, Wake County and the Raleigh area experience a surge in traffic as residents travel for family gatherings, shopping, and events. Popular shopping hubs like Crabtree Valley Mall and major highways like I-40 and I-540 become particularly congested, increasing the likelihood of accidents.

Frustration with these traffic jams often causes drivers to speed or weave through lanes unsafely, while rushed schedules mean drivers may cut corners on safety, such as skipping seatbelts or ignoring fatigue.

Distracted Driving During the Holidays

The holiday season brings with it more distractions than usual. Whether it’s texting loved ones, checking GPS directions to a party, or dealing with fussy passengers, drivers often find their attention split during this time of year.

The pressure to multitask—such as eating on the go, wrapping up last-minute errands, or even managing gift deliveries—can take attention away from the road.

Inclement Weather Complicates Driving

Winter weather adds another layer of danger to holiday travel. In Wake County, freezing rain, icy roads, and reduced visibility are common hazards during the holiday months.

Icy Patches

Even a brief cold snap can leave black ice on bridges and overpasses, catching drivers off guard.  

Rain and Fog

Slippery roads and low visibility can lead to chain-reaction crashes, especially on highways and major intersections.  

Underprepared Vehicles

Failing to winterize a vehicle—such as checking tire pressure or replacing worn wipers—can turn a minor mishap into a serious accident.  

If you find yourself facing legal issues related to these incidents, securing experienced legal representation can make all the difference in protecting your rights and achieving the best possible outcome.  

Holiday traffic violations, such as speeding, reckless driving, or running a red light, are common due to the rush of the season. These offenses can result in steep fines, points on your license, or even license suspension.  

An attorney can:  

  • Assess Your Case: Review the circumstances of the alleged violation to determine if it can be contested.
  • Negotiate on Your Behalf: Work to reduce penalties or mitigate consequences, such as preventing points from being added to your driving record.
  • Ensure Due Process: Ensure that your case is handled fairly and that your rights are upheld throughout the legal process.

Advocating After a Car Accident

Car accidents during the holidays often involve complex legal and insurance issues, especially if injuries or significant property damage are involved. Dealing with insurance companies, gathering evidence, and pursuing fair compensation can be overwhelming.  

An attorney can:  

Handle Communication

Negotiate directly with insurance adjusters to secure a fair settlement.  

Investigate Thoroughly

Collect evidence, interview witnesses, and reconstruct the accident to strengthen your case.

Pursue Compensation

Fight for financial recovery to cover medical bills, lost wages, property damage, and pain and suffering.  

Protecting Your Rights in DWI Cases  

Driving while impaired (DWI) is a serious offense, with enhanced enforcement during the holidays. Charges related to alcohol, marijuana, or other drugs can result in hefty fines, license suspension, and even jail time.  

An attorney can:  

  • Challenge Evidence: Examine the validity of field sobriety tests, breathalyzer results, or police procedures to identify potential errors.
  • Seek Reduced Penalties: Advocate for leniency, such as reduced charges, alternative sentencing, or participation in alcohol or drug education programs.
  • Provide Experienced Guidance: Help you understand your rights and navigate the criminal justice system with confidence.

Having skilled legal counsel during the holidays is crucial for several reasons:  

  • Reducing Stress: An attorney handles the legal details, allowing you to focus on recovering or managing other responsibilities.
  • Protecting Your Record: Preventing or minimizing convictions can safeguard your driving privileges, career, and reputation.
  • Ensuring a Fair Outcome: Experienced attorneys know how to navigate the local legal system, negotiate effectively, and present compelling arguments on your behalf.

At The Law Offices of J.M. Kotzker, P.C., we have a deep understanding of Wake County’s legal landscape and a proven track record of helping clients resolve traffic, accident, and DWI cases. Whether you’re dealing with a holiday-related incident or need proactive legal advice, our team is here to guide you through the process.  

Local Resources for a Safer Holiday Season

Wake County offers several resources to help residents stay safe and avoid legal trouble during the holidays:  

  • Safe Ride Programs: Local organizations often provide free or discounted rides to prevent impaired driving.
  • Counseling Services: Groups like Alcoholics Anonymous (AA) and Narcotics Anonymous (NA) offer support for those struggling with substance use.
  • Legal Aid: For those facing charges, organizations like Legal Aid of North Carolina can provide guidance.
DWI and Crime Laws in Wake County - support group

Celebrate Responsibly  

The holidays are a time for celebration, but they also require mindfulness and responsibility. Whether you’re attending a holiday party, traveling to visit family, or simply navigating the seasonal stresses, staying informed about local laws and enforcement efforts can help you avoid trouble.  

If you find yourself in a legal predicament this holiday season, don’t face it alone. The team at The Law Offices of J.M. Kotzker, P.C., is here to provide expert guidance and representation. Contact us today to schedule a consultation and protect your rights.