Category Archives: DWI

Can You Get Insured After A DWI In Raleigh, NC?

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The aftermath of a DWI is devastating. Arrest. Court. Maybe even a conviction. You need time to sort through everything and put your life back together.

When everything’s all over, your license has been restored and you’re back driving again, there’s something else you’ll need before you get behind the wheel—car insurance. But can you get insured after a DWI?

Starting Over

Can You Get Insured After A DWI In Raleigh, NC?

Once your insurance company is informed of your DWI, your policy will either become much more expensive because of the higher risk, or it will be cancelled completely (usually in the form of non-renewal.)

In either case, you may have a difficult time getting insurance again. There are agencies who will issue a policy, but it could be drastically more expensive than before. There are some insurers that offer policies for people who have been arrested and/or convicted of a DWI.

If you have been able to acquire limited driving privileges, you’ll need to make sure you still have car insurance, or if you’ll need to find a new company.

How Long Will This Last?

North Carolina uses a point system, called the Safe Driver Incentive Plan (SDIP). It’s used to calculate your insurance rates in the state. A DWI adds 12 points to your license at once, and your insurance can increase a whopping 400% after a conviction. (If you are a CDL holder and use it for your primary occupation, a DWI could cost you your livelihood.) Those points stay on your driving record for three years, and any additional infractions (tickets, accidents, etc.) will continue to add points and increase your insurance rates. Insurers only look at a driver’s previous three years to assess insurance rates.

Without any additional points, your rates should begin to decrease after three years.

Until Then

You may be stuck paying much higher insurance premiums due to the increased risk. Your liability limits are likely to be higher, too. Or you may decide to find another company that caters to DWI clients, and that might be less expensive. Once you have your license restored, you’ll need to prove to the state that you have auto insurance.

North Carolina requires anyone convicted of a DWI to complete an alcohol/ assessment, and may require an alcohol/drug treatment program during the license suspension.

Many North Carolina insurers will assume the increased risk of a DUI client, and offer policies with that risk. After the stark reality of a DWI, most people don’t repeat the behavior after completing the required processes, assessments and treatments.

Non-Owner’s Policy

One option is to consider is contacting a company that can offer you what’s called a “non-owner’s policy.” That is, you’re insured to drive, even though you don’t own a car However, there are limitations involved.

If you find yourself car-free after your DWI, and you aren’t buying one again for a while, a non-owner’s policy will allow you keep continuous insurance and drive occasionally (if you’re allowed to.)  This is important for future insurance rates as well. The key is whether or not you have “regular access to an automobile.” You’ll only be driving occasionally, not on a daily basis. After a DWI, this may be an option to consider.

We Can Help

Getting your life back together after a DWI in Raleigh isn’t easy. We’ve helped people like you in the Raleigh/Wake County area who have been through DWI. An aggressive DWI defense attorney can help you through the entire process, fight for you and help you get your life back. For a free consultation, contact our office at 919-832-0307 or use the contact form online.

Raleigh Attorney Answers – How Can I Get My Suspended License Back? (Video)

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This is Part 33 of our weekly North Carolina Criminal Defense video blog: “How Can I Get My Suspended License Back?“

Transcript:

The first thing we try to do is look at your driving record and see if there’s any possible way that we can restore your driving privilege, get your license back. Is it because you failed to appear in court and missed a ticket? Is it just a matter of resolving that ticket? Are you revoked for some other reason? Was there a driving while impaired conviction, and you didn’t do your substance abuse treatment, or that form wasn’t sent into the DMV?

Driving while license revoked is one of the most prevalent crimes that we see in Wake County District Court. Lots of people do not know how they can get their privilege back. If they call me and they have their driving record, we can go through that and hopefully resolve the issue that’s causing that suspension.

When Can I Re-Apply for My Driver’s License After A DWI In Raleigh, North Carolina?

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A DWI charge is a serious offense,  and can lead to a loss of your driving privileges and even potential jail time. But even if you are convicted and lose your license, it may not be permanent. North Carolina has a process for restoring suspended or revoked driver’s licenses. A skilled lawyer with experience in DWI cases can help you sort through steps to get your driver’s license back. Dewey P. Brinkley has fought DWI convictions in the Raleigh/Wake Forest area for over 10 years. He thoroughly investigates all aspects of each case to ensure that you are treated fairly and your rights are protected.

What Are Your Options?

Even if you are convicted of DWI, you can get your license back—but it will take some time.

Re-Apply for your Driver’s License After A DWI

Your license will be immediately suspended for 30 days if you have a Blood Alcohol Content (BAC) of .08% (or .04% if you have a CDL.)  Refusing a blood or breath screening will also cause your license to be suspended. There may be additional criminal penalties involved, and your license will be revoked for at least one year. A third DWI will permanently revoke your driving privileges.

Purchasing alcohol for a minor or allowing a minor use your license to purchase alcohol will lead to a suspension. Minors (under 21) also face suspension for consuming (with any BAC) or buying alcohol.

For any of these charges, your license will be revoked for one year for a first offense, two years for a second, and a permanent revocation for the third. After conviction, the State of North Carolina will notify you in writing that your license has been suspended.

What Happens Next?

After you’ve been notified, you can request an administrative hearing by contacting the DMV Central Office in Raleigh. You will not be able to request limited driving privileges, also called a “hardship license,” for driving back and forth to work, school or other limited functions.

Once your revocation period is over (this will depend on whether your case was acquitted or convicted), you can restore your license. Visit your local DMV office and pay the restoration fees by cash, money order or personal check:

·         Restoration of driver’s license: $65.

·         Restoration following a DWI conviction: $130

·         Service fee: $50. (This fee is waived if you surrendered your license to the DMV before to the effective date of suspension.)

You will also be required to re-apply for your North Carolina driver’s license, re-take the written test and possibly the driving test.

The Law Office of Dewey P. Brinkley can defend your DWI case, appeal the decision, fight for a reduced or alternative sentence, and help you through the process of getting your driver’s license back.

Your Case

Each DWI is different, so there is no way to predict the outcome. Was this your first offense, or your third? What was your BAC? Are you under or over 21? What cause did the officer have to pull you over, and what did he discover? Did you take or refuse a test? There may be other evidence or mitigating factors that determine the outcome of your case. Dewey P. Brinkley has worked with people just like you, and works hard for acquittal, and for reduced and alternative sentences for DWI. He will investigate your case and make sure your rights are protected and you are properly represented in court.

The first step is to call The Law Office of Dewey P. Brinkley at 919-832-0307 and schedule your free consultation. Call today, and take the first step to recovering from a DWI.

Will I Lose My License After A DWI In Raleigh, NC?

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A DWI, or “Driving While Impaired” charge, isn’t something most people plan on. But like a lot of things, a DWI can happen, and you will lose your license, at least temporarily. It doesn’t have to be forever.

If you’ve already had a DWI in Raleigh, you’re probably wondering what to do next, and if you can get your license back. But you will need help from an attorney. Dewey P. Brinkley has represented people in Raleigh for DWI/DUI for over 15 years, and will personally handle all the details of your case.

What does “Driving While Impaired” actually mean?

Will I Lose My License After A DWI In Raleigh, NC?Driving a motor vehicle of any kind while under the influence of alcohol (or other debilitating substances.)  If you are over the age of 21, and you have a Blood Alcohol Content (BAC) over .08%,  a previous DWI or are a CDL driver with a BAC over .04%, or under 21 with any alcohol concentration, North Carolina considers you “impaired.” Mitigating factors include prescription drugs, your physical or mental fitness, and how alcohol affects you. Your license will immediately be suspended for at least 30 days.

What Happens When My License Gets Suspended?

North Carolina will inform you in writing that your license has been suspended, and you are not allowed to drive. The suspension becomes a permanent part of your driving record, and you’ll accrue extra points on your license which will raise your insurance rates.

The Levels of DWI in North Carolina

North Carolina has five tiers of DWI—Level 5, for the first incident, and up to Level 1 for repeated DWI charges. Each level carries increasing fines and the potential for jail times, or probation and substance abuse assessment. Aggravated Level 1 charges includes a $10,000 fine and the potential for 12 to 36 months in jail.  Your license is immediately suspended for 30 days, with the possibility of requesting limited driving privileges after 10 days.

How Much Does A DWI Cost?

Once you finish paying for a DWI, you’ll realize why a cab is cheaper. In North Carolina, you’ll have to pay for:

  • Bail from jail
  • Auto towing/storage charges, if you don’t have a sober friend to drive your car home (or if you’ve had an accident)
  •  Court costs
  • Court-ordered fines and criminal penalties
  • Attorney’s Fees
  • Traffic school or other re-training courses, which can run from $100 to more than $250
  • This may include substance abuse rehab or other courses before you can drive again
  • Increases in your car insurance (with increased points), because you’re a higher risk
  • Installation of an Ignition Interlock Device on your vehicle—required by the state of North Carolina, for anyone with a BAC of 0.15% and a subsequent DWI within 7 years of the first.
  • DMV fees to reinstate your license (about $250)

How Many DWIs Have You Had?

The length of suspension time also depends on how many DWI charges/convictions you’ve had. If it’s your first, your license can be suspended for up to one year.  A second DWI offense can see your license suspended up to 4 years, with the possibility of a hearing after 2 years. If you commit a third DWI, your license can be permanently suspended in North Carolina, with a possibility of a hearing after 3 years.

We Can Help You Fight A DWI in Raleigh

Many factors can change the course of a DWI case—incorrect testing, improper procedures and other mistakes discovered in a case can alter the outcome.

If you’ve been charged with DWI in Raleigh, you won’t be grounded forever, but you’ll need help to start the process of getting your license back. Contact the top DUI/DWI attorney in North Carolina today at 919-832-0307 for a free initial consultation. Dewey P. Brinkley is a former assistant district attorney in Wake County, and has successfully defended thousands of DWI clients in the Raleigh/Wake County area.

With experience in many types of criminal defense, Mr. Brinkley will discuss your DWI case with you and begin the process of building your defense so you are properly represented, and get you back in the driver’s seat. Call 919-832-0307 today for a free initial consultation and start your DWI defense.

Raleigh DUI/DWI Limited Driving Privileges

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Legally speaking, driving is a privilege in North Carolina and not a right, and if you are convicted of a DWI or a DUI-related offense in Raleigh or Wake County, then there’s a good possibility that you may lose your driving privileges. Fortunately, there are some ways that you can receive limited driving privileges after a DWI or DUI-related offense.

For more information about limited driving privileges in North Carolina, or to speak with one of the leading DWI attorneys in Raleigh, call the Law Office of Dewey P. Brinkley today. Following your DWI arrest, call our criminal defense law firm at (919) 832-0307 for a free consultation. We will work with you, every step of the way, to fight for favorable results, including limited driving privileges.

Understanding Limited Driving Privileges in North Carolina

When found guilty of an impaired driving offense, DWI or DUI, in Wake County or anywhere else in North Carolina, then you may be eligible for limited driving privileges. The North Carolina law covering limited driving privileges is North Carolina General Statute §20-179.3, and this statute lays out the eligibility and other requirements so that you can continue driving.

Additionally, it’s essential to understand that you can have your driver’s license suspended or revoked both after a charge and after a conviction, and there are eligibility considerations for both situations.

Pre-Trial DWI Charge and Limited Driving Privileges

Raleigh DUI/DWI Limited Driving Privileges | Dewey Brinkley LawAccording to North Carolina General Statute § 20-16.5, you can lose your license due to the following three situations:

Following the revocation of your license, which is usually the arrest date, you have to wait 10 days before you can obtain your limited driving privileges. The eligibility for these privileges include:

  • You had a valid driver’s license at the time of the offense (or your driver’s license was expired for less than a year)
  • You do not have a pending DWI charge, or you receive another DWI conviction while your case is pending
  • You had your driver’s license revoked for 10 days of a 30-day revocation or at least 30 days for a 45-day revocation
  • You obtained a substance abuse assessment from a mental health facility. You must also register and participate in any recommended training or treatment.

By meeting these conditions, you and your DWI attorney can file a Petition for Limited Driving Privilege with the court. A hearing date is usually set, and you and your attorney will need to bring the necessary documentation to get your limited driving privileges. Generally, this documentation includes:

  • Proof of Insurance through Form DL-123
  • Proof of completion of a substance abuse assessment or proof that you enrolled in recommended treatment
  • Certified copy of your 7-year driving history from the DMV
  • Payment of $100 to the Clerk of Court

Eligibility for Limited Driving Privileges in North Carolina after a DWI Conviction

When found guilty of a DWI charge in North Carolina, you still may be able to receive limited driving privileges. The eligibility for a post-DWI conviction limited driving privilege is similar to the pre-trial DWI requirements mentioned above. However, this is only true if you are convicted of a Level 5, 4 or 3 impaired driving punishment. If you fall into this category and had an alcohol concentration of less than 0.15, then you can refer to above requirements for your driving privileges.

If you received a Level 1 or 2 punishment and/or had a BAC of 0.15 or over, then you may be considered a “High-Risk Driver.” This means that you’ll have to wait 45 days after the final conviction and you’ll have to comply with the ignition interlock requirements. After meeting these requirements, you may be eligible for interlock limited driving privileges.

What You Can Do With a Limited Driving Privilege

When you have limited driving privileges in North Carolina, you have a range of regulations that you must follow. Just some of the rules associated with these privileges include, but are not limited to:

  • You cannot drive with any alcohol in your system (BAC of 0.00)
  • You cannot drive with a controlled substance in your body, unless it’s a lawfully prescribed drug taken in recommend amounts
  • Limited driving privileges do not include commercial vehicles (refer to statute § 20-4.01)
  • You can drive for medical necessities at any time
  • You can drive for work-related purposes during standard working hours, 6 AM to 8 PM, Monday – Friday. During this time, you may also drive in relation to maintenance of the household, educational purposes, attending alcohol assessments or other court-ordered requirements, and other specified activities.
  • Driving during the non-standard hours may be allowed if the necessary documentation is provided to the court

Contact Raleigh’s Top DWI Attorney at Dewey Brinkley Law

If you have received limited driving privileges in North Carolina, then it’s essential to be fully aware of the law as well as your driving limitations. Failure to uphold these privileges may result in the loss of your license for the duration of the punishment.

By calling DWI attorney Dewey Brinkley in Raleigh NC, you can get one of the leading defense attorneys in the area to give your case the full representation it deserves.

Don’t hesitate, call Raleigh DWI attorney Dewey Brinkley at (919) 832-0307. Free consultations are available.

Raleigh DWI Lawyer – How a Breathalyzer Relates to a DWI Charge (Video)

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This is Part 15 of our weekly North Carolina Criminal Defense video blog: “How a Breathalyzer Relates to a DWI Charge“

Transcript:

We tend to break DWI cases down into three phases. We look at the reason that the person was originally stopped. Were they lawfully stopped? Is that stop accompanied by reasonable suspicion? Any time you’re caught for speeding or you’re weaving on the road, the officer has to have reasonable suspicion that criminal activity is occurring. The first analysis is, “Did he have a lawful reason to stop you?”

The second area we look at is, “Did the officer gather enough evidence there, roadside?” He will note if you did the tests, any odor he smelled, how you got out of the car, if you had slurred speech, and if your eyes were red and glassy. What we look at is, “Did he gather enough to actually arrest you?” That’s what we call probable cause to arrest.

Assuming that there is a lawful reason to stop the car, and there’s a lawful reason to actually place you under arrest, then we look at the breath test. Was there an observation period? Was preventative maintenance done on the instrument? Was this officer a licensed chemical analyst? There are so many little details that go into the proper foundation for the entry of that breath test.

DWI Lawyer in Raleigh, NC, Talks Breath Testing and Henry’s Law

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This is Part 14 of our weekly North Carolina Criminal Defense video blog: “Breath Testing and Henry’s Law“

Transcript:

Henry’s law assumes that the alcohol that is in your blood if it was in a closed container that over time the amount of alcohol in your blood would go into the air above your blood or into the lungs. That really only applies when it is a closed area.

The way gas chromatography works is that they take a sample of your blood, put it into a test tube, that test tube is capped, and it’s put into a machine and under a certain temperature the science says that the alcohol that’s in that blood sample will leach into the head space of that vial and that eventually they will reach equilibrium.

The human body isn’t like that. Our lungs aren’t a closed system. There is nothing that is like that test tube where it’s closed off. To some extent, it doesn’t work that way in terms of the human body.

NC DWI Sentencing Guidelines – What You Should Know

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Have you been arrested for a DWI in North Carolina? If so, the experience can be frightening and stressful, but while you are waiting for the next steps in the North Carolina criminal process, it can be helpful to look at the NC DWI sentencing guidelines.

NC DWI Sentencing Guidelines | Dewey Brinkley DWI Attorney in Raleigh

There is a wide range of potential punishments that you can face if you are convicted of a DWI. At the low end, you may be looking at fines and community service. At the other end, you could be looking at serious time in jail or prison. No matter the severity of your DWI offense, you absolutely need an experienced and skilled Raleigh DWI lawyer like Dewey Brinkley. We’ve helped many individuals just like yourself with their DWI charges, achieving not guilty results, dropped charges, and reduced or alternative charges.

For a free, no-obligation consultation with our Raleigh DWI law firm, call us today at (919) 832-0307.

DWI Sentencing Factors

The North Carolina General Statutes (N.C.G.S.) § 20-179 provide the basic outline for DWI penalties and sentencing. Following a conviction of a DWI, the judge will schedule a sentencing hearing to determine the appropriate sentencing level. Often, the judge will consider several mitigating or aggravating factors in his/her decision.

Grossly Aggravating Factors

Grossly aggravating factors are the most severe, and if you have grossly aggravating factors in your case, then you may be looking at the harshest penalties in North Carolina courts. The following factors are considered grossly aggravating:

  • Prior conviction of an impaired driving offense within 7 years of the current one
    • Each prior conviction can be considered an aggravating factor
  • The driver was driving on a license that was revoked for impaired driving
  • The driver caused serious bodily injury
  • The driver had a minor in the vehicle (under 18 years old) or a person with a mental or physical disability

Aggravating Factors

Aggravating factors are less serious than the “grossly aggravating” factors, but nonetheless, aggravating factors in your case can dramatically increase the severity of the penalties you may be facing. Some aggravating factors can include:

  • Gross impairment with a BAC of 0.15 of higher
  • Especially reckless or dangerous driving
  • Negligent driving that led to a reportable accident
  • Driving with a revoked license
  • Two or more convictions of non-DWI-related offenses within 5 years
  • A conviction for speeding while fleeing or eluding a police officer
  • A conviction for speeding at least 30 mph over the speed limit
  • Passing a stopped school bus
  • Any other factor that aggravates the seriousness of the offense

Mitigating Factors

Unlike aggravating factors, having mitigating factors in your case can, in the majority of cases, serve as a benefit that reduces the potential DWI sentence you may be facing. Some mitigating factors can include:

  • Slight impairment of the driver’s faculties and a BAC that didn’t exceed 0.09
  • The driver’s driving behavior was safe and lawful (except for the impairment of faculties)
  • The driver had a safe driving record
  • Impairment was caused by a legally prescribed drug for an existing medical condition, and the drug was taken within its prescribed dosage
  • After the conviction, the driver voluntarily submitted to a mental health facility and recommended treatments

Different Sentencing Levels for DWIs

Through these factors, as well as a consideration of the unique circumstances related to the DWI stop and arrest, the courts may assign a certain level signifying the severity of your punishment.

All of the DWI sentences, aside from a felonious Habitual DWI offense, fall within five sentencing levels. Level One and Two are generally imposed if you have prior convictions within seven years or other grossly aggravating factors; Level 5, on the other side of the spectrum, often involves a first offense and mitigating factors. The five levels and their punishments are listed below:

  • Level Five: This is the lightest sentencing level often imposed when the mitigating factors outweigh the aggravating factors.
    • Fine of up to $200; minimum of 24 hours and maximum of 120 days in jail
  • Level Four: Generally, no aggravating or mitigating factors were present or both were equally counterbalanced.
    • Fine of up to $200; minimum of 48 hours and maximum of 120 days in jail
  • Level Three: The aggravating factors outweighed the mitigating factors, but there were no grossly aggravating factors present.
    • Fine of up to $1,000; minimum of 72 hours and maximum of 6 months in jail
  • Level Two: There were no minors under 18 in the vehicle and only one grossly aggravating factor was present.
    • Fine of up to $2,000; minimum of 7 days and maximum of 12 months in jail
  • Level One: The driver was accompanied by a minor under 18 or there were two grossly aggravating factors involved.
    • Fine of up to $4,000; minimum of 30 days and maximum of 24 months in jail
  • Aggravated Level One: There were three or more grossly aggravating factors present.
    • Fine of up to $10,000; minimum of 12 months and maximum of 36 months in jail, with no possibility of parole

Arrested for a DWI? Call Dewey Brinkley in Raleigh NC Today!

At the Law Office of Dewey P. Brinkley in Raleigh, NC, we’ve helped hundreds of individuals caught in a similar situation as yourself or your loved one. As such, with years of devotion to criminal defense and DWI defense law and legal representation, we will give you comprehensive and compassionate representation with the goal of achieving a not-guilty result, dropped charges, or alternative/reduced sentencing.

To speak with Raleigh NC DWI attorney Dewey Brinkley, call our downtown Raleigh criminal defense law firm today at (919) 832-0307.

DWI Attorney in Raleigh Answers, “How Common are Breathalyzer False Positives?” (Video)

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This is Part 13 of our weekly North Carolina Criminal Defense video blog: “How Common are Breathalyzer False Positives?“

Transcript:

I think the manufacturers of the instruments that you blow into would say that they are truly accurate. They certainly have an interest because the instruments themselves are expensive. They have an interest in selling them as completely accurate.

Breath testing is, to some extent, based on a number of chemical, scientific theories that clearly don’t always apply to the human body. The breath testing instrument relies on Henry’s Law. Henry’s Law only applies when the system is closed, and equating Henry’s Law to the human body doesn’t really apply. There are things about breath testing equipment that can lead to inaccuracies.

Wake County DWI Attorney – Can You Choose Which Test to Take for DWI?

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This is Part 12 of our weekly North Carolina Criminal Defense video blog: “Wake County DWI Attorney – Can You Choose Which Test to Take for DWI?“

Transcript:

You don’t have a choice. The officer has the opportunity under our law to make the decision about whether it will be a breath test or a blood test. Typically, it’s a breath test if they believe the impairing substance is alcohol.

If it’s a drug impairment case, which we’re seeing more and more, whether it is prescription drugs, or marijuana, or any other controlled substance, then that officer’s going to seek a blood test.