Tag Archives: dwi attorney

Appealing a Suspended License in Raleigh, NC

If your driver’s license has been suspended, it’s inconvenient, but may not be permanent. North Carolina has an appeals process for a license suspension so that you can, eventually, get it back.

Why Was Your License Suspended?

There are a number of reasons why your license can be suspended. The ease or difficulty of appealing depends on why your license was suspended, and for how long. The state will notify you in writing of the suspension, and list the reason.

If your suspension is for an insurance lapse, failing to pay a ticket or appear in court, excess points on your driving record, or other administrative reason, you simply need to comply with the requirements and your license will be reinstated.

However, if you’ve lost your license for things like speeding or failing to stop and render aid in an accident, the suspensions are longer. Charges such as DWI, death by vehicle (misdemeanor) participation in illegal street racing and refusing a blood test can lead to suspensions of 1 to 4 years.

Appealing a Suspended License in Raleigh, NC

Additionally, your license can be suspended for:

  • Two speeding convictions over 55 mph in a 12-month period
  • One conviction of speeding (over 55) with one conviction of reckless driving in a year
  • As part of a sentence or suspended sentence that revokes your driving privileges
  • A conviction for speeding in excess of 75 mph

Subsequent DWIs or felony death by vehicle incurs a permanent license suspension.

A suspension can also be part of a separate action, such as a criminal conviction or failure to pay child support. In cases like these, you’ll need to comply with the requirements (such as pay back child support or serve a jail term) before you can go through the process of getting your license back.

A suspension becomes part of your permanent driving record.

Administrative Hearings

Once you’re notified that your license has been suspended, you may be able to request an administrative hearing to appeal. This will depend on the reason your license was suspended, and you’ll retain your driving privileges (and your license) until the hearing. The hearings are not guaranteed and will be granted based on the reason for the suspension.

To request a hearing, you can contact the central DMV office in Raleigh at 919-715-7500, or by writing to:

North Carolina Department of Motor Vehicles

Driver License Hearings
3118 Mail Service Center
Raleigh, NC 27697

The DMV will notify you in writing of the day and time of your hearing. If you lose this hearing, you can appeal the decision to the North Carolina Superior Court in your resident county. But you must file your appeal to NC Superior Court within 30 days.

Getting Your Driver’s License Back

If you’re not able to win on appeal, you’ll need to go to your local DMV office after your suspension is over and pay a $50 fee ($100 if you were suspended for DUI) and re-apply for your license. You may be required to re-take any testing involved.

Get Back Behind The Wheel

Having your driver’s license suspended or revoked doesn’t mean you’ll never legally drive again. But license restoration is a process and can take some time. Need help? Attorney Dewey P. Brinkley is your best chance in Raleigh for getting your license back and your driving privileges restored. He can help you through the appeals process and defend you in court. Call today: 919-832-0307 to schedule an appointment for your free initial consultation.


How Can I Get My Raleigh DWI Dismissed?

North Carolina takes drunk driving very seriously. With some of the strictest laws in the US, a DWI is a difficult charge to defend, and even more difficult to dismiss. But with the right legal representation, good fact investigation and a strong defense, a DWI can, in some circumstances, be dismissed. Here’s what you need to know.

Was The Arrest Conducted Correctly?

How Can I Get My Raleigh DWI Dismissed?A police officer must follow specific, proper procedures for a drunk driving (or any) arrest. He or she must have reasonable suspicion or probable cause to pull a vehicle over, and be able to prove that you were, indeed driving while intoxicated or otherwise impaired.

There are some occasions where an officer made multiple mistakes in the arrest and the DA dismisses the case, but those are very rare. If you’re not lucky enough to have the charge dismissed by the DA before trial, you’ll have to fight in court.

If the arresting officer mishandled the arrest or made other mistakes that are crucial to the arrest and criminal case, a judge may decide to dismiss the case completely. But you must have all the facts of your case documented, along with any evidence. Mistakes like:

  • Failing to read your Miranda rights (right to remain silent, to have an attorney, etc.)
  • Acting in a disrespectful and/or intimidating manner
  • Displaying any improper conduct toward you during your arrest
  • Improperly administering a breathalyzer or field sobriety test

Evidence That Disproves The Officer’s Claim And Creates Doubt

Again, the police officer must have probable cause to pull you over and begin an arrest. His or her testimony carries a lot of weight in court. However, details are important here. For instance, if the officer did not actually witness you driving the car while inebriated, there may be some doubt involved, and the case could be dismissed.

Witnesses who can corroborate your story can also be helpful. If bloodshot eyes are the only evidence of your “intoxication,” they could indicate another condition such as allergies or fatigue (or crying.) Without additional evidence, such as an odor of alcohol, a field sobriety test, or a blood alcohol level test, the prosecution can’t positively prove that you were driving and intoxicated.

One medical condition that can actually raise BAC is Candida albicans. That’s a scientific name for yeast overgrowth in the gut. In advanced cases, yeast overgrowth can actually cause detectable levels of alcohol in the blood without a drop of alcohol consumed. Candida can be diagnosed by a simple blood test and is easily treated and eradicated with antifungals and diet. But left untreated, candida can cause symptoms that could lead an officer to believe you’re actually driving drunk.

This is where you’ll need a good criminal defense attorney at your side, both before and during the trial. Your attorney can request evidence from the police department from the arresting officer’s records, including any video. He or she can also investigate other evidence before the trial that can prove your innocence.

You Can’t “Plead Down”

In some states, a DWI can be reduced to a lesser charge, like reckless driving. However, North Carolina doesn’t allow reductions of DWI. In fact, under N.C.G.S. 20-179.4, DWI charges are actually more difficult. Unless the state can’t produce a witness, such as a police officer or other witness that can prove that you’re guilty, your case will go to trial.

Get Help From Raleigh’s DWI Attorney

An experienced DWI attorney can review your case, examine details, investigate and find out the exact circumstances of your case before you go to court. That’s why it’s important to have someone who knows how to defend someone in a DWI case and bring a successful outcome.

Dewey P. Brinkley is a former Wake County prosecutor who will prepare a strong defense and make sure you receive a fair trial under the law. Contact our Raleigh law office today at (919) 832-0307  for a free consultation. You can also email us at dewey@deweybrinkleylaw.com.

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

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.