- 130 S. Salisbury Street, Raleigh, NC 27601
- Need Legal help? Call Us Now
- (919) 832 0307
What We DoA DWI charge can create problems well beyond the courtroom when you are in the military. Along with worrying about fines, your license, and the criminal case itself, you may be thinking about your command, your clearance, and whether the arrest could follow you professionally.
North Carolina calls the offense driving while impaired, or DWI, though many people still use the term DUI. If you are stationed in or around Raleigh, the state case may be only one part of what you have to deal with.
Don’t Wait!
Contact Raleigh’s Leading Criminal Defense Attorney Now.
Military consequences are not automatic, and they are not the same for every service member. Your branch, assignment, prior record, command, and the facts of the arrest can all affect what happens.
Some cases may lead to administrative action or other discipline. The Uniform Code of Military Justice also addresses drunken or reckless operation of a vehicle.
A single DWI with no crash can raise different concerns than a case involving an accident, injuries, a high alcohol concentration, or previous alcohol-related incidents. The surrounding facts usually carry a lot of weight.
If Raleigh police or another North Carolina law enforcement agency arrests you for DWI, the criminal charge goes through the state court system.
North Carolina law allows a DWI charge when a person drives under the influence of an impairing substance, has an alcohol concentration of 0.08 or higher at a relevant time after driving, or has certain controlled substances or their metabolites in the blood or urine.
From there, the case comes down to evidence. Police may rely on a breath or blood test, field sobriety testing, body camera footage, driving behavior, and what the officer says happened before and after the stop. Being in the military does not lower the state’s burden of proof.
One arrest can create two separate problems. The civilian case may affect your driver’s license, criminal record, and possible sentence. Your command can also respond to the incident separately, even while the state case is still pending.
There is no universal outcome in the military. Two service members charged with similar offenses can have very different experiences depending on their branch, duties, command policies, prior history, and what actually happened.
That is one reason it can be a mistake to look only at the criminal charge. A plea or other resolution that seems acceptable in state court may still affect your career.
A DWI arrest does not automatically mean you lose a security clearance. A clearance review can also include anything conduct related to alcohol use. This is especially true when there are repeated incidents or noted concerns about your behavior or judgement.
Promotion and duty status may be affected as well. Some service members may face temporary restrictions or administrative action. Others may not see an immediate change.
Much depends on the facts. What matters most is knowing that the military may review the incident on its own terms, separate from what happens in civilian court.
A DWI arrest does not prove the charge. Your lawyer can start with the stop itself. Did the officer have a lawful reason to pull you over? Do the body-camera or dash-camera recordings match the written report? Were field sobriety tests performed properly? Was breath or blood testing handled the way North Carolina law requires?
Those questions can change a case’s direction. For military clients, another layer comes into play. A defense strategy should take your career, clearance, command situation, and other professional consequences into account instead of treating the case like any other DWI.
If you are serving in the military and facing a DWI charge in Raleigh, it is worth looking at the criminal case and the military consequences together.
The Law Office of Dewey P. Brinkley can review the arrest, the evidence, and the issues that may affect your career. Contact the Law Office of Dewey P. Brinkley at (919) 832-0307 or use the online form to schedule a free consultation to discuss your case.
Certified Criminal Law Specialist by North Carolina State Bar.
Tried over 250 criminal cases in local courts.
Knows prosecution strategies from time as Assistant District Attorney.
Direct, responsive service from start to finish by Brinkley himself.
4.9-star client reviews praise professionalism and case outcomes.
Speak directly with Attorney Dewey Brinkley – 100% confidential and no obligation.