DWI Defense in North Carolina

Protect Your Future with Experienced DWI Defense Attorneys

A Driving While Impaired (DWI) charge in North Carolina carries serious legal consequences, including fines, license suspension, and possible jail time. At DELAMBERT STONE, we understand the complexities of North Carolina’s DWI laws and are committed to defending your rights with skill and determination.

Understanding DWI Laws in North Carolina

In North Carolina, you can be charged with DWI if you:

Have a blood alcohol concentration (BAC) of 0.08% or higher (0.04% for commercial drivers);

Appear appreciably impaired due to alcohol, drugs, or a combination of both; or

Are under 21 and have any alcohol in your system (zero-tolerance policy).

The severity of penalties depends on factors such as prior offenses, aggravating circumstances, and whether there was an accident or injuries involved.

Potential Consequences of a DWI Conviction

A DWI conviction in North Carolina can lead to:

Driver’s License Suspension – From one year for a first offense to permanent revocation for habitual offenders;

Fines & Court Costs – Depending on the level of the offense, fines can range from hundreds to thousands of dollars;

Jail Time – Sentences vary based on the severity of the charge; and

Community Service & Alcohol Education – Many offenders must complete substance abuse assessments and treatment programs.

How We Can Help

At DELAMBERT STONE, we take an aggressive approach to DWI defense, challenging every aspect of your case, including: ✔ Traffic Stops & Arrests – Were your rights violated? Was the stop legal?

✔ Field Sobriety & Breath Tests – Are the results reliable? Were procedures followed?

✔ License Suspension & Appeals – We help fight for your driving privileges.

✔ Negotiation & Trial Representation – We work to reduce penalties or have charges dismissed when possible.

Defenses Against a DWI Charge

Possible defenses in a DWI case may include:

Improper Traffic Stop – If law enforcement lacked reasonable suspicion, the stop may be unlawful;

Faulty Breathalyzer or Blood Test – Equipment calibration, medical conditions, or improper procedures can affect results;

Violation of Rights – If your rights were violated at any stage of the process, we may seek to have evidence suppressed; and

Lack of Probable Cause for Arrest – Officers must have clear, lawful reasons to make an arrest.

Fight Your DWI Charge Today

A DWI conviction can impact your job, finances, and personal life. Let our experienced DWI attorneys at DELAMBERT STONE help you navigate the legal system and build a strong defense.

Call our office at 984-977-8390 or reach out through the Contact Us link to set up a consultation.

Schedule a Consultation

Get started on your legal matter today by scheduling a consultation with Deep River Lawyers. Deep River Lawyers offers flexible appointment times and will work with you to find a time that suits your schedule.

COMMON QUESTIONS ABOUT DWI

What is considered a DWI in North Carolina?

A DWI (Driving While Impaired) charge occurs when a driver operates a vehicle:

With a Blood Alcohol Concentration (BAC) of 0.08% or higher (0.04% for commercial drivers).
While noticeably impaired by alcohol or drugs.
With any alcohol in their system if under 21 (zero-tolerance law).

What are the penalties for a DWI conviction?

Penalties for DWI in North Carolina vary based on severity, prior offenses, and aggravating factors:

First Offense: Up to 2 years in jail, fines up to $4,000, and a 1-year license suspension.
Second Offense: Up to 2 years in jail, higher fines, and a 4-year license suspension.
Third Offense: Permanent license revocation and increased jail time.
Additional penalties can include ignition interlock devices, community service, and alcohol education programs.

Will I lose my license after a DWI arrest?

Possibly. In North Carolina, your license may be suspended immediately if:

You refuse a breath or blood test (automatic 1-year suspension).
Your BAC is 0.08% or higher at the time of arrest.
You have prior DWI convictions.

Can I refuse a breathalyzer or blood test?

Yes, but refusing a breath or blood test under North Carolina’s Implied Consent Law will result in an automatic 1-year license suspension, even if you are not convicted of DWI.

What happens if I’m under 21 and charged with a DWI?

North Carolina has a zero-tolerance policy for drivers under 21. If any alcohol is detected, you may face:

Immediate license suspension for 1 year.
Criminal penalties, including fines and community service.
Additional charges if your BAC is 0.08% or higher.

What is an Ignition Interlock Device, and will I need one?

An Ignition Interlock Device (IID) is a breathalyzer installed in your vehicle that prevents it from starting if alcohol is detected. You may be required to install an IID if:

Your BAC was 0.15% or higher.
You have multiple DWI convictions.
The court mandates it as part of your license reinstatement.

Can I get a DWI charge reduced or dismissed?

Yes, but it depends on the facts of your case. Our attorneys may be able to:

Challenge the legality of the traffic stop.
Dispute breathalyzer or field sobriety test results.
Argue violations of your constitutional rights.
Negotiate a reduction to reckless driving or another lesser charge.

What are aggravating factors that can make my DWI penalties worse?

Certain factors can lead to more severe penalties, including:

Prior DWI convictions.
High BAC (0.15% or more).
Causing an accident or injuries.
Driving with a minor in the vehicle.
Reckless driving or excessive speeding.

How long does a DWI stay on my record?

In North Carolina, a DWI conviction stays on your record permanently and can impact future charges for 7-10 years under the state’s lookback period.

Do I need a lawyer for a DWI charge?

Yes! DWI cases are complex, and the consequences can be severe. An experienced DWI attorney can:

✔ Analyze police procedures for errors.
✔ Challenge evidence, including BAC tests.
✔ Negotiate reduced charges or penalties.
✔ Help protect your driving privileges.

How can I fight a DWI charge?

Common DWI defenses include:

Illegal traffic stop (no reasonable suspicion).
Inaccurate BAC test results due to improper calibration.
Medical conditions affecting test accuracy.
Lack of probable cause for arrest.

What should I do if I’m arrested for DWI?

✔ Stay calm and be polite.
✔ Do not admit to drinking or answer questions without an attorney.
✔ Ask to speak with a lawyer immediately.
✔ Write down everything about the arrest (time, location, officer’s statements, etc.).