DWI Attorney in Raleigh
A driving while intoxicated (DWI) charge in Raleigh is a serious offense, and it can lead to jail time, large fines and even a loss of your license. That’s why if you’ve been charged with a DWI, you need a skilled DWI lawyer in Raleigh who will aggressively defend you.
If you’ve been charged with a DWI, it is essential to contact an attorney immediately. We at Brinkley Law can start building a thorough case defending the allegations and investigating evidence. We’ll tirelessly work to get you a not-guilty charge, or, if the evidence is stacked against you, we’ll seek reduced or alternative sentencings. Learn more about DWI charges in Raleigh and what our law office can do to protect your rights and freedom. But first, contact the Law Office of Dewey P. Brinkley today at (919) 832-0307 for a free initial consultation.
Know Your Rights
When a police officer suspects that you have been drinking, and if the officer initiates field sobriety tests or asks you to take a breathalyzer, it is essential to remember that you are not powerless in this situation. Both the federal and state governments guarantee the protection of your rights, and even if it seems that the police or prosecutors hold all the power, a knowledgeable DWI attorney will help level the playing field.
Being pulled over can be quite anxiety inducing, and it is fairly common for drivers to begin chatting and acting overly friendly with police. Always be courteous, but a simple “I just had one glass of wine with dinner” will be used against you, as you have just given the officer probable cause to investigate the matter further.
Also, North Carolina does have an “implied consent” law, which states that if you’re lawfully arrested by an officer who has probable cause to believe that you have been drinking, then you consent to taking a chemical test of your blood or breath to determine your blood alcohol content (BAC). Refusing to consent can mean an immediate loss of licensure and penalties similar to that of a DWI.
Remember that employing your right to remain silent is not a “get out of jail free” card. The Law Office of Dewey P. Brinkley will aggressively defend your case, and thoroughly investigate the circumstances surrounding your arrest to see if police violated your rights.
Blood Alcohol Content (BAC) Level in Raleigh
To determine whether or not a person is intoxicated, police officers will administer a breathalyzer test to check a driver’s BAC, or the amount of alcohol in the bloodstream. The higher the BAC level is, the more intoxicated that person is.
The legal definition of drunk is different depending on the driver. For legal drinkers (21 and over), their BAC cannot exceed .08 percent. For commercial drivers, this level is much lower at .04 percent. Of course, anyone underage who is pulled over and has a BAC of any level can be charged with a DWI. North Carolina takes a zero tolerance policy against these drivers and is prepared to prosecute them.
Depending on your case, you may face different charges, especially if this is your first offense or you were aggressive towards the officer at the time of your arrest. These factors can lead to a lighter and heavier charge, respectively.
|Jail Time||Fines/Penalties||License Suspension||Interlock Ignition Device Installed|
|1st Offense||Min. – 24 Hours
Max. – 12 months if person is violent at time of arrest
|$200||60 days – 1 year||Not required|
|2nd Offense||Min. – 4 days
Max. – 12 months if person is violent at time of arrest
|Can vary depending on nature of crime||1-4 years, if the previous crime was committed within the last 3 years||Required|
|3rd Offense||Min. – 14-30 days
Max. 12 months if person is violent at time of arrest
|Can vary depending on nature of crime||1 year to permanent removal if previous crime was committed within the last three years||If license restored, required for 7 years|
Remember, if you are convicted of a DWI, it has a seven-year lookback period, which means that it will be considered relevant for sentencing purposes over the next seven years. If you are a convicted of a DWI and are then convicted of another one 10 years later, the second offense will technically be counted as a first offense. If you are convicted once and then again in five years, the second offense will be treated as such.
How Our Office Will Fight Your DWI Charges
At the Law Offices of Dewey Brinkley, we know how overwhelming it can be to face a DWI charge. That’s why we will comb through every aspect of your case and build it around three crucial elements.
Evidence of Bad Driving: In order to pull over a car, law enforcement officials need to have reasonable suspicion that a vehicle should be stopped before they flip on the lights or siren. Proving that a driver was in fact lawfully driving often helps to bolster a case.
Performance on Field Sobriety Tests: A field sobriety test has to be administered in a certain fashion, and new or unskilled officers often don’t know how to do them properly. Our law office knows the National Highway Transportation Safety Administration guidelines inside and out, and we will use our knowledge to show you how your performance can be an advantage to a case.
Results of Breathalyzer or Blood Test: Refusing to take one of these tests can get you into trouble, but did you know that state law requires officers to inform you that you have certain rights, such as having a witness present during the test? All officials must also have valid chemical analyst permits, and their breath instruments must be kept safe and well-maintained. If an unlawful breath or blood testing procedure took place, we’ll be sure to get the test results thrown out in court.
Contact the Law Office of Dewey P. Brinkley
A DWI conviction in Raleigh can mean serious trouble for you. You may have to pay heavy fines, and your license will more than likely be suspended for one year. Additionally, your car insurance might go up by as much as 400 percent, and you could even face up to two years in prison.
The important thing to remember is that even if you have been arrested for driving while impaired and you failed a BAC test, you still have legal options. You are not automatically found guilty. Speak with an experienced attorney at the Law Office of Dewey P. Brinkley.
Attorney Dewey P. Brinkley is a former Wake County prosecutor who has tried over 100 DWI cases in District Court. His experience as a Raleigh DWI Lawyer ensures your rights are protected, minimizes your penalties and can help find alternative forms of sentencing.