Category Archives: Blog

Basics About DWI Chemical Tests

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When arrested for a DWI offense in North Carolina, one of the most important pieces of evidence is the results of the chemical tests. According to North Carolina law § 20-139.1, chemical tests are admissible as evidence and also deemed as sufficient evidence to prove a person’s blood alcohol concentration (BAC). The chemical tests are usually given after a field sobriety test during a traffic stop, and they are generally considered reliable.

 

However, as DWI defense attorneys in Raleigh, NC, we at the Law Office of Dewey P. Brinkley know that DWI chemical tests aren’t always perfect. If you need one of the leading defense attorneys with years of experience representing people just like you, call criminal defense attorney Brinkley today at (919) 832-0307.

North Carolina Implied Consent Laws

Under North Carolina law § 20-16.2, the “implied consent” law, if a police officer has probable cause to believe that you’ve been drinking, then you already consent to a blood or breath test to determine your BAC. You can be asked to comply with a chemical test before arrest as well, such as at a DWI checkpoint, if you were in an accident, or if you were caught breaking a traffic law, and the officer believes you were drinking.

The actual text of the law reads: “Any person who drives a vehicle on a highway or public vehicular area thereby gives consent to a chemical analysis if charged with an implied-consent offense. Any law enforcement officer who has reasonable grounds to believe that the person charged has committed the implied-consent offense may obtain a chemical analysis of the person.”

Refusing to Take a Blood, Breath, or Urine Test in North Carolina

After the arrest, the police officer should inform you, in writing, that refusing a chemical test can result in the automatic suspension of your driver’s license for a year. If it’s your first chemical test refusal, you could get limited driving privileges after serving 6 months of the suspension.

It’s important to keep in mind that refusing a chemical test isn’t a “get out of jail free” card. Refusing the test won’t keep you from getting convicted for DWI. On the contrary, the prosecution may argue that you refused the chemical test because you knew you were legally intoxicated.

Chemical Test Process in North Carolina

Usually, the chemical test will come after the field sobriety test, or if the police officer has strong reason to believe that you’re intoxicated. The three types of chemical tests  include:

  • Breath tests – Breath tests are most commonly measured with the portable breathalyzer. This indirectly measures BAC by testing for alcohol on the subject’s breath, and then a formula is used to determine the amount of alcohol concentration in the subject’s blood.
  • Blood tests – A sample of blood is analyzed to determine BAC. Alcohol is quickly absorbed into the blood, and so a blood test is a quick and easy way to determine BAC.
  • Urine tests – Urine tests are also another method for determining BAC or drugs in the system. This test is also indirect, as it uses the amount of alcohol in the urine to determine overall blood alcohol concentration.

Field Sobriety Test and Symptoms of Being Drunk

Before getting a chemical test, police officers may ask you to take a field sobriety test or they will, at the least, look for signs of drunkenness, such as slurred speech, red watery eyes, and the odor of alcohol.

Generally, the field sobriety test occurs at the scene of the traffic stop. The field sobriety test will often include the following physical and mental tests:

  • Nystagmus Test – Checking the eyes for lateral or horizontal jerking
  • Reciting the alphabet forwards and backwards
  • Standing and listening to directions, walking in a straight line, turning around, and walking back to the officer
  • Standing with feet together, head back, and touching your nose with the tip of your finger, as directed by the police officer

Call Raleigh DWI Attorney Dewey Brinkley to Fight Your Charges

If you’ve been arrested for a DWI, you may be asked to take a field sobriety test or a chemical test. The results of these tests are heavily considered in courts, but these tests aren’t perfect. To get one of the leading criminal defense attorneys in the Raleigh NC area, call the Law Office of Dewey Brinkley today. Free consultations are available, so don’t hesitate and call today at (919) 832-0307.

DWI Punishment Levels in North Carolina

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Getting a DWI can ruin your reputation, drain your finances, and take away your freedom. At the low end, convicted individuals may be looking at community service, probation, and fines; at the high end, they may be looking at years behind bars and loss of driving privileges.

With the prospect of such heavy penalties, it’s critical to acquire the legal counsel and representation of an experienced Raleigh NC DWI defense attorney. With years of experience helping Raleigh- and Wake County-area drivers, defense attorney Dewey Brinkley has the resources and courtroom experience to give you a vigorous defense. For a free consultation, call our criminal defense law firm in Raleigh today at (919) 832-0307.

Understand DWI Laws in North Carolina

It is illegal to drive a vehicle while noticeably impaired or with a blood alcohol concentration level of 0.08 or higher. For commercial drivers, the BAC threshold is 0.04, and for drivers under 21, North Carolina’s Zero Tolerance Law makes it illegal to drive after drinking any amount of alcohol. Repeat offenders often will be facing more severe punishments than first-time offenders. This law is detailed in NCGS §20-138.1.

The sentencing for DWI and impaired driving offenses is located in NCGS §20-179. The severity of the punishment is based on several factors, including:

  • Whether the offender was a first-time or repeat offender
  • Any aggravating or mitigating factors (see below)
  • Whether anyone was hurt or killed, and whether the drunk driving behavior was committed in a manner that was likely to hurt or kill another individual.

List of Drug and Alcohol Crimes

In addition to drinking, it is unlawful to drive under the influence of drugs. N.C. General Statutes Section 20-138.1 states that it is illegal to drive “under the influence of an impairing substance; or with any amount of a Schedule I controlled substance, as listed in G.S. 90-89, or its metabolites in his blood or urine.”

Some other common drug and alcohol crimes include:

  • Having an open container if the driver is or has been consuming alcohol
  • Having an open or closed container in a commercial vehicle
  • Helping someone under the age of 21 acquire alcohol
  • Aggravated DWI
  • Especially reckless or dangerous driving
  • Driving with a suspended or revoked license
  • Child under 18 in the car with the drunk or drugged driver

This is not a complete list of North Carolina’s drinking and drugged driving laws, and it’s especially important to understand the law and the charges filed against you.

Criminal Penalties for DWI in North Carolina

There are 5 levels of criminal penalties for DWI charges in North Carolina, ranging from Level 1 (aggravated) to Level 5 (relatively minor offense). For first offenders who didn’t commit any aggravating factors, North Carolina doesn’t impose mandatory incarceration. However, the possibility of incarceration ranges. A judge can suspend a Level 5 offense in lieu of community service. It’s important to look at the details of the alleged crime.

The 5 levels of DWI offenses in North Carolina are listed below:

  • Aggravated Level 1 — NCGS § 20-179(f3)
    • Three or more grossly aggravating factors
    • Fine: Up to $10,000
    • Jail: Minimum of 12 months, maximum of 36 months
  • Level 1 — NCGS § 20-179(g)
    • Accompanied by a person under 18 years old at time of offense, or
    • Any two grossly aggravating factors present
    • Fine: Up to $4,000
    • Jail: Minimum of 30 days, maximum of 24 months
  • DWI Punishment Levels in North Carolina | Raleigh NC DWI AttorneyLevel 2 — NCGS § 20-179(h)
    • No minor (under 18 years old) in vehicle at time of offense, and
    • One grossly aggravating factor present
    • Fine: Up to $2,000
    • Jail: Minimum of 7 days, maximum of 12 months
  • Level 3 — NCGS § 20-179(i)
    • No grossly aggravating factors, and
    • Aggravating factors outweigh mitigating factors
    • Fine: Up to $1,000
    • Jail: Minimum of 72 hours, maximum of 6 months
  • Level 4 — NCGS § 20-179(j)
    • No aggravating or mitigating factors present, or
    • Aggravating factors balanced by mitigating factors
    • Fine: Up to $500
    • Jail: Minimum of 48 hours, maximum of 120 days
  • Level 5 — NCGS § 20-179(k)
    • Mitigating factors outweigh aggravating factors
    • Fine: Up to $200
    • Jail: Minimum of 24 hours, maximum of 120 days

In addition to aggravating and mitigating factors, the severity of your punishment depends on prior criminal history and whether serious injury or death were involved.

Aggravating & Mitigating Factors

In the North Carolina legal system, grossly aggravating factors in a DWI offense include:

  • A prior conviction for DUI / DWI / OWI within 7 years
  • Driving on a revoked license from prior DWI
  • DWI resulted in serious injury
  • DWI committed with a child under 16 years of age in vehicle

Aggravating factors in a DWI offense include:

  • Gross impairment of faculties or BAC of 0.15 percent or more
  • Especially reckless or dangerous driving
  • Negligent driving that led to an accident
  • Driving with revoked license from prior DWI
  • Passing a stopped school bus
  • Fleeing or attempting to elude police
  • Speeding by 30 mph or more over the speed limit
  • Serious prior motor offenses, not necessarily related to DWI

Mitigating factors in a DWI offense include:

  • Only slight impairment, or a BAC that didn’t exceed 0.09 percent
  • Driving that was otherwise safe and uneventful
  • Safe driving record
  • Impairment of faculties from a legally prescribed drug, as long as dosage was within prescribed amounts
  • Voluntary entry into an alcohol, drug, or substance abuse program after arrest
  • Proof of 60 days of alcohol abstinence through a continuous alcohol monitoring system

Fighting a DWI Charge With Attorney Dewey Brinkley

If you’ve been charged with a DWI in Raleigh or Wake County, it’s important to know the charges against you. With the representation of criminal defense attorney Dewey Brinkley, we’ll work with you, investigating the circumstances of your case, and we’ll develop a criminal defense strategy to fight for your interests, your voice, and your case. For a free consultation with attorney Brinkley, call our Raleigh law firm today at 919-832-0307.

Raleigh Defense Lawyer Talks Successful Felony Defenses (Video)

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This is Part 2 of our weekly North Carolina Criminal Defense video blog: “Raleigh Defense Lawyer Talks Successful Felony Defenses.”

Transcript:

I’ve represented clients charged with murder, felony sex offenses, robbery with a dangerous weapon, kidnapping, and assault with a deadly weapon with the intent to kill. I’ve tried all of those types of cases before a jury here in Wake County. I’ve tried probably at least 30 felony trials where the offense was what we consider a Class A through E felony.

What You Should Expect When You Hire a Raleigh Criminal Defense Attorney

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When you’re arrested for an alleged crime by North Carolina law enforcement, you may feel devastated, frustrated, or just downright angry. However, it’s essential to remember that an arrest doesn’t mean you’re guilty, and you still have a battle in courts to prove your innocence, get the charges dropped, or seek reduced or alternative sentencing.

For this reason, it’s critical to contact an experienced Raleigh criminal defense attorney soon after you’re arrested. The main benefit of an attorney is the comprehensive representation you’ll receive, a diligent protection of your rights, and an advocate who’ll seek legal solutions. If you’ve been arrested, it’s important to not hesitate and contact one of Raleigh’s leading criminal defense lawyers by calling attorney Dewey P. Brinkley today at (919) 832-0307.

Why You Need a Criminal Defense Attorney

If you are looking at serious penalties, jail time, or other legal repercussions from an alleged crime, you’ll want the best criminal defense attorney fighting for you.  If facing criminal prosecution, your defense attorney can help you understand some fundamental things, including:

  • The nature of the charges filed against you
  • The available defenses
  • What plea bargains are likely to be offered
  • What you can expect after trial or a conviction

Criminal defense attorneys, like us at the Law Office of Dewey P. Brinkley, have substantial experience in a wide variety of criminal cases, including felonies, misdemeanors, DWIs, drug crimes, white collar crimes, sex crimes, and more. As such, no matter the unique circumstances that led to your arrest and alleged charges, an experienced defense attorney will aim to:

  • Reduce a criminal charge to a lesser offense
  • Lessen the severity of the punishments
  • Reduce or eliminate jail time
  • Develop a sound defense strategy

How a Criminal Defense Attorney Can Help

As your actual lawyer, the criminal defense attorney has many roles to more effectively achieve the desired result. In short, your attorney will do more than just cross-examine witnesses that the prosecution calls to the stand. Some of the other tasks that your lawyer may conduct can include:

  • Working with you and the prosecutor to negotiate a “deal,” also known as a plea bargain, to reduce or eliminate some or all of the charges filed against you.
  • Helping to determine a positive sentencing program in case you’re sentenced guilty. For instance, instead of spending 10 months in prison, your attorney can argue for 6 months in prison and 4 months in a rehabilitation center, for instance.
  • Helping you with the difficult emotions associated with a criminal trial.
  • Providing a reality check that includes important insights into how the trial is going and what you can actually expect to happen in the near future.
  • Pointing out essential legal rules and regulations that you might now know about.
  • Explaining some of the hidden consequences associated with pleading guilty.
  • Gathering statements, testimony, and evidence from witnesses that are to be called by the prosecution.
  • Finding and hiring investigators to investigate the alleged crime.
  • Finding and hiring expert witnesses that can show evidence or make the prosecution’s case less credible.

Call the Law Firm of Dewey P. Brinkley Today

When you call the Law Office of Dewey P. Brinkley, we’ll begin working on your case immediately. Together, we’ll go through the events leading up to your arrest, step by step, and search for any pieces of evidence, violations of your rights, and more. Our fundamental goal is to prove your innocence or, if you’re guilty and the evidence is thoroughly stacked against you, seek alternative or reduced punishments.

Time is often in short supply in these cases, so it’s important to act quickly. For your free consultation with attorney Brinkley, call our Raleigh law firm today at (919) 832-0307.

 

Raleigh Juvenile Lawyer – The Duration of a Juvenile Record (Video)

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This is Part 1 of our weekly North Carolina Criminal Defense video blog: “Raleigh Juvenile Lawyer – The Duration of a Juvenile Record“

Transcription:

I think the most important thing to know about juvenile court is that what happens in juvenile court is a sealed record. Unless it’s an extremely serious offense, those charges are not going to follow your son or daughter once they become adults. It’s a sealed record.

Only if it were an extremely serious felony would it potentially follow them once they turn 16. Again, juvenile court is there to try and help that child succeed in school and at home so that hopefully, once they become adults, they’re not in the jail and they’re not back in trouble.

Who Qualifies For An Expungement?

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Raleigh Expungement Attorney Dewey Brinkley

Who Qualifies For An Expungement?

Having a criminal record in North Carolina can present significant barriers for individuals seeking gainful employment, affordable housing, family unification, and a myriad of other benefits and opportunities. Unfortunately, even if you changed your ways, or even if you made a mistake (or handful or mistakes) in your past, the criminal record will live on; employers and other individuals may look at your criminal record without even considering other factors, such as your qualifications or the fact that you haven’t been in trouble for years.

In North Carolina, an expungement is the destruction of a criminal record according to a court order. By expunging your record, you will restore “yourself” (in the eyes of the law) to the status you held before the criminal record existed. Furthermore, with rare exception, if you have an expunged record, you may truthfully and without committing perjury refuse to acknowledge that the criminal incidents occurred.

However, at the Law Office of Dewey P. Brinkley in Raleigh NC, one question we often hear is, “Do I qualify for a record expungement?” By contacting Raleigh expungement attorney Dewey Brinkley, we can go through your criminal record with you and determine whether or not you’re eligible for a record expungement. If so, we’ll work with you, as well as Raleigh and Wake County courts, to go through the expungement process and get your life back on track (and without the criminal record hampering you down!).

For a free, no-obligation consultation with attorney Brinkley, call our Raleigh NC criminal defense law firm today at (919) 832-0307.

Types of Record Expungements Available

There are many different types of record expungements available to North Carolina residents, and whether you were convicted or your case was dismissed, you can expunge your record. By expunging your record, you do not have to say you were ever arrested, charged or stood trial for the expunged offense. This is true even if you were found guilty of the charges.

The different types of criminal record expungement in North Carolina include:

  • Juvenile records
  • Drug offenses for people 21 and under
  • Cases of identity theft
  • Old misdemeanor larceny offenses
  • Misdemeanor possession of alcohol (under 21)
  • Misdemeanor for juveniles before 18th birthday
  • Dismissed or not-guilty cases
  • Certain gang offenses (under 17)
  • Non-violent felony offenses (under 18)
  • Older Nonviolent Misdemeanor and Felony Convictions, after a 15-year wait

Are You Eligible for Expungement in North Carolina?

In order to be eligible for expungement, you need to meet some of the age and wait requirements that are listed above. For instance, for nonviolent misdemeanors and felonies, you need to wait 15 years after the conviction. For a drug offense that occurred when you were under 21, you may be eligible for an expungement as well.

Additionally, you need to have a clean record. Any subsequent misdemeanor or felony violations may make you ineligible for an expungement.

The specific eligibility requirements for criminal record expungements also depend on the crime that you were arrested for. As an example, if you were arrested for identity theft and were found non-guilty (or your case was dismissed), you may be eligible for an expungement.

Call the Law Office of Dewey P. Brinkley for Your Record Expungement

Having a criminal record can pose countless difficulties in your life, and if you meet the eligibility requirements for a record expungement, you can erase the criminal record from your life. To know if you’re eligible for a record expungement, call Raleigh expungement attorney Dewey P. Brinkley today. Free consultations are available by calling (919) 832-0307.

GPS Tracking Your Spouse Could Land You In Jail

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Raleigh NC Criminal Defense Attorney

GPS Tracking Your Spouse Could Land You In Jail

Today’s technology, and the technologies coming in the future, have certainly had substantial effects on privacy. Parents are able to track their children through GPS and other tracking software, and if a husband or wife wants to track his/her spouse, he/she certainly has the tools available at his/her fingertips.

GPS Tracking Your Spouse Could Be Illegal | Raleigh Defense Attorney

As such, when the spouse or significant other is spending more time away, they are getting late-night calls or text messages, or you’re having a divorce and you want to find out if your spouse has been having an affair (or is hiding marital assets), you might feel like a little spying is the best way to satisfy your suspensions. Nevertheless, spying on your spouse, whether through GPS or other methods, could be illegal and it could land you in jail.

If you were arrested for spying on your spouse, or for any other domestic relations issues, you’ll need an experienced Raleigh domestic violence and criminal defense lawyer who can guide you through the legal process and vigorously defend your case in Raleigh or Wake County courts. For a free consultation with attorney Brinkley, call our Raleigh criminal defense law firm today at (919) 832-0307.

Possible Criminal Penalties for Spying

There are many tools cheaply and widely available today that were once reserved for intelligence operatives, and things like GPS tracking have become common among spouses, private investigators, and others. In many cases, all the spouse needs to do is attach a GPS device to his/her partner’s car, and then watch the partner’s movements.

Numerous states across the US, however, have strict “anti-spying” laws, where things like GPS tracking and even recording phone conversations can result in a misdemeanor or even a felony. This is especially true if the car (that has the GPS tracking device) is not owned by you or where the person has a reasonable expectation of privacy.

In North Carolina, using GPS tracking on your spouse could result in civil action, and you may be required to pay damages for:

  • Loss of consortium
  • Mental anguish
  • Humiliation
  • Damage to health due to stress and other factors

If you are found guilty of violating the Federal Wire Tapping Act, the very least that North Carolina courts can do is order you to stop the illegal spying acts. If you continue to violate the Federal Act, you could be subject to fines of $500 and you could be facing up to five years in prison.

Additionally, if you are found to be violating the North Carolina Electronic Surveillance Act, you could be looking at a Class H Felony.

Contact Criminal Defense Attorney Brinkley ASAP

The Federal Wire Tapping Act and the North Carolina Electronic Surveillance Act are most likely the two statues that Wake County courts will use to prosecute you. However, whether or not the GPS tracking is a violation of these laws depend on the unique circumstances of your case. As such, if you were charged with illegal spying, you need to contact your Raleigh criminal defense attorney as soon as possible. Although this is a complex area of law, attorney Dewey Brinkley fully understands federal and NC laws, and he can provide a vigorous, thorough criminal defense with the goal of proving your innocence, getting the charges dropped, or achieving reduced or alternative sentencing.

To speak with attorney Brinkley, call the Law Office of Dewey P. Brinkley today at (919) 832-0307. Free consultations are available.

Can you be charged with drug possession even if there were no drugs on your person?

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Raleigh Drug Crimes Attorney Dewey Brinkley

Can you be charged with drug possession even if there were no drugs on your person?

As they say, possession is 9/10 of the law, and if you are caught with drugs in your pocket, in your backpack, or someone on your person, the searching police officer will most likely arrest you for drug possession. However, what about the other 1/10 of the time, when an individual is arrested for drug possession even if there were no drugs on his/her person?

Constructive Drug Possession Raleigh NC | Dewey Brinkley Law

As strange as it sounds, these types of cases have occurred in the past, and if you were arrested and charged with drug possession even though there were no drugs on your person, it’s critical to contact the Law Office of Dewey P. Brinkley immediately. Drug crimes attorney Dewey Brinkley has represented individuals similar cases before, and with decades of criminal defense experience involving drug crimes, we are confident that we can offer your case the professionalism, diligence, and experience that you need.

If you were charged with drug possession, make sure to not hesitate. Call the Law Office of Dewey P. Brinkley at (919) 832-0307 today. Free consultations are available.

Actual Drug Possession and Constructive Drug Possession

There are many different types of drug charges in North Carolina, and when it comes to possession, most people think of the situation where police find drugs on an individual’s person. Actually, this situation is known as “simple possession” and personal possession. If the police think that you were going to sell the drugs, you may be charged with intent to distribute.

While most people are familiar with the above-mentioned drug crimes, they are less familiar with the difference between actual and constructive drug possession.

Actual possession is precisely what it sounds like: you were caught with actual possession of narcotics. The law enforcement must have actually found physical evidence on the arrestee’s person. In these cases, the question isn’t whether the arrestee is innocent or guilty, but whether the law enforcement officer had justifiable cause to conduct a search.

Constructive possession is less straightforward, as it doesn’t involve physical evidence found on a person. Instead, constructive drug possession requires two important components that, when put together, point to the possession of narcotics. These two factors include:

  • The defendant had knowledge of the drug’s physical whereabouts
  • The defendant must have had the ability to exercise authority and control over the drugs in question

Car Searches, Probable Cause, and Drugs That Aren’t Yours

Many drug possession cases that didn’t involve physical possession of a controlled substance involved car stops and searches. If police found drugs that didn’t belong to you in your car, you need to be diligent and start gathering as much information as possible. You may want to ask:

  • Who put the drugs in the car? Do you have a name, address, or proof or witnesses?
  • Do you have a theory as to why someone would hide drugs in your car?
  • Have you lent your car to anyone recently?
  • Is it even your car, or did you borrow it from someone else?

Unfortunately, if the police found drugs in your car, even if the drugs weren’t yours, you’re facing a fairly difficult case. The Wake County D.A. has heard this story thousands of times before, and this is why you need to gather evidence and get the help of a prominent and experienced drug crimes attorney as soon as possible. With Dewey P. Brinkley, one of the first things we’ll look for in this case is “probable cause.” Generally, officers cannot search your car unless they have some probable cause to do so.

Possible Defenses for Drug Possession Charges

In addition to the probable cause defense for drug possession cases, we at Dewey P. Brinkley will explore several other criminal defense strategies as they apply to your case. Because constructive possession is an abstract concept, these cases can be quite difficult to prosecute successfully. As mentioned above, the prosecution must prove that you had sufficient authority and proximity to “exercise dominion and control” over the narcotics.

Therefore, one potential defense is showing that you could not have controlled the drugs, whether you were unaware of their presence or were too physically distant to exercise control.

Call the Law Office of Dewey P. Brinkley Today

As a former Wake County Assistant District Attorney, drug crimes lawyer Dewey P. Brinkley understands the full extent of North Carolina drug laws. As such, if you were charged with drug possession, attorney Brinkley stands as your best legal representative who can help build a strong defense and aggressive defend your case in courts. For a free, no-obligation consultation with attorney Brinkley, call the Law Office of Dewey P. Brinkley in Raleigh at (919) 832-0307.

Don’t Spend The New Years In Jail – How To Avoid Getting A DWI

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Raleigh DWI Attorney Dewey Brinkley

Don’t Spend the New Years in Jail – How to Avoid Getting a DWI

New Years is one of the biggest party nights of the year, packed full of good cheer, friends and family, good food, and, of course, alcohol. While New Years is a night for memories, the risks for a DWI are also highly escalated. Drunk-driving fatalities often occur around the holidays, including New Years, and every year, Raleigh and Wake County law enforcement are intensely trying to reduce alcohol-related road fatalities by being extra diligent towards suspected drunk drivers.

Instead of spending your New Years in jail, you need to take the extra steps to avoid getting a DWI on New Year’s Eve. The most important (and the easiest) way is to not drive after you’ve drunk alcohol. However, if you were arrested for DWI on New Year’s Eve, make sure to call Raleigh DWI attorney Dewey P. Brinkley as soon as possible. We offer free consultations, and we’ll get started on your case as soon as we hear from you.

Call Dewey P. Brinkley for your Raleigh DWI attorney at (919) 832-0307.

Penalties for DWI in North Carolina

There are no happy holiday endings for drunk drivers, and North Carolina law enforcement, courts, and prosecutors will heavily prosecute individuals charged with drunk driving.

If you’re under 21 years old, the penalties for underage drunk driving (if your BAC is under 0.08) may include court fees, fines, jail time, and license suspensions. If your BAC is above 0.08, you may be looking at any of the following penalties:

Level 5 DWI:

  • Immediate license suspension for 30 days
  • Up to a $200 fine
  • Between 24 hours and 60 days in jail
  • Substance abuse assessments

Level 4 DWI:

  • Immediate license suspension for 30 days
  • Up to a $500 fine
  • Between 48 hours and 120 days in jail
  • Substance abuse assessments

Level 3 DWI:

  • Immediate license suspension for 30 days
  • Up to a $1,000 fine
  • Between 72 hours and 6 months in jail
  • Substance abuse assessments

Level 2 DWI:

  • Immediate license suspension for 30 days
  • Up to a $2,000 fine
  • Between 7 days and 12 months in jail
  • Substance abuse assessments

Level 1 DWI:

  • Immediate license suspension for 30 days
  • Up to a $4,000 fine
  • Between 30 days and 24 months in jail
  • Substance abuse assessments

Aggravated Level 1 DWI:

  • Immediate license suspension for 30 days
  • Up to $10,000 fine
  • Between 12 months and 36 months in jail
  • Continued alcohol monitoring
  • Substance abuse assessments

Prior convictions or aggravating factors can dramatically increase the penalties for a DWI. Some aggravating factors may include:

  • Being grossly impaired or having a BAC of 0.15 or more
  • Reckless or dangerous driving
  • Negligent driving that led to an accident
  • Driving with a revoked license

Plan a Sober Ride Home

The penalties for drunk driving on New Year’s Eve are certainly harsh, and due to the increased dangers this night, police and prosecutors might not hesitate to deliver the most severe penalties possible. As such, with the prospect of jail and substantial penalties, and the possibility of gravely injuring other people, the best way to avoid a DWI on New Years is to not drive drunk. Plan a sober ride home instead. Contact a taxi, rideshare, or try to organize with a sober driver.

Contact Raleigh DWI Attorney Dewey Brinkley

If you are arrested for a DWI on New Years, don’t panic and call the Law Office of Dewey P. Brinkley in Raleigh NC as soon as possible. With decades of experience representing and defending individuals charged with drunk driving related offenses, DWI attorney Brinkley will thoroughly guide you through the legal process while aggressively defending your case at every stage. For a free, no-obligation consultation with our Raleigh DWI defense law firm, call us today at (919) 832-0307.

What is the Difference Between Assault and Aggravated Assault?

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Criminal law is an extremely nuanced field where specific details can have a major impact. In criminal courts in North Carolina, the guilt or innocence of the alleged offender can depend on a single detail; it is the same with punishments regarding the severity of a crime. For instance, aggravated assault can result in years behind bars, while an assault charge can result in lesser penalties.

Assault & Aggravated Assault | Raleigh Defense Attorney Dewey Brinkley

At the Law Office of Dewey P. Brinkley, we boast full and in-depth knowledge of North Carolina laws, especially regarding the differences between severe crimes, such as aggravated assault, and less severe crimes, such as assault. In this post, we’ll explain the difference between these two offenses, and how each ruling may affect your future.

In the meantime, if you or a loved one was charged with assault or aggravated assault, it’s critical to call the leading Raleigh criminal defense attorney in the Wake County area. Call attorney Dewey Brinkley today for a free consultation.

Misdemeanor Assault and Battery Crimes

In order to best understand the differences in law and penalties for assault and battery, it can be helpful to look at the various levels of assault in North Carolina. The lowest level of assault is misdemeanor assault, and there are three levels of misdemeanor assault and battery, including:

  • Assault that involves physically injuring someone else
  • Attempting to commit assault, involving a show of force that makes assault imminent
  • Affray, or a fight between two people in a public area, that frightens others

The North Carolina laws detailing misdemeanor assault include N.C. Gen. Stat. Ann. §§ 14-32 and 14-33.

It is important to note that simple assault and affray result in minor physical injuries. In this situation, the alleged offender may be looking at a Class 2 misdemeanor. With no prior convictions, a Class 2 misdemeanor may result in probation and a sentence of 1 to 30 days in jail (with prior convictions, the jail time may be increased to 60 days).

Serious Assault, Assault and Battery, and Affray

If the alleged assault included more serious injuries, certain victims, or specific weapons, the penalties can be increased to Class A1 or Class 1 misdemeanors. For instance:

  • Serious injury – Although N.C. Gen. Stat. Ann. § 14-33 doesn’t define serious injury, many North Carolina courts will consider a serious injury as one that could require medical attention (the victim doesn’t necessarily need to get medical attention). An assault that inflicts serious injury is a Class A1 misdemeanor.
  • Using a deadly weapon – A deadly weapon is one that could kill an individual, including guns, knives, and blunt objects, as well as any other object used in a deadly manner. Using a deadly weapon to commit assault is a Class A1 misdemeanor.

A Class A1 misdemeanor is punishable by 1 to 60 days of probation, supervised probation, or jail time. A Class 1 misdemeanor is punishable by 1 to 45 days of probation or jail time.

Aggravated Assault

Aggravated assault is the more severe assault charge in North Carolina, and it is a Class E or Class C felony, depending on the circumstances of the alleged charge. In general, for an assault offense to be a felony, it either needs to involve very serious injuries or use of a deadly weapon.

Assault with a deadly weapon, when coupled with serious injury or deadly intent, is a Class E felony. A Class E felony may be punishable by 15 to 31 months in prison.

Assault with a deadly weapon is a Class C felony when both intent to kill and serious injury are present. If convicted of a Class C felony, the offender could be punished by a prison term between 44 and 98 months.

Contact Raleigh Defense Attorney Dewey Brinkley

Whether convicted of misdemeanor assault or felony assault, it’s critical to contact a prominent and skilled criminal defense attorney as soon as possible. At the Law Office of Dewey P. Brinkley, we’ve successfully defended many individuals charged with assault in North Carolina, and we have the legal resources and know-how to help you too.

To speak with attorney Brinkley regarding the details of your case, call our Raleigh law firm at (919) 832-0307. Free consultations are available.