DWI / DUI DEFENSE

DUI / DWI CRIMINAL DEFENSE LAWYERS in RALEIGH & MOREHEAD CITY

If you have been charged with Driving While Impaired (DWI), sometimes referred to as Driving Under the Influence (DUI), you are facing a very serious criminal allegation in North Carolina.  These charges carry penalties that can be ruinous to you financially, socially, and professionally. Penalties include the imposition of enormous fines, lengthy community service hours, the loss of your license to drive, jail time, and even felony charges in some cases.  Without an experienced criminal defense attorney on your side, DWI/DUI charges have serious consequences that can change the course of your life forever.

In North Carolina, DWI/DUI laws are particularly harsh, with even tougher statutes being passed on a regular basis.  North Carolina law enforcement officials are especially focused on enforcing these laws to the fullest extent with no mercy or leniency towards the accused. North Carolina courts and judges can be staunch in their views towards driving while intoxicated, and minimum sentencing guidelines limit their ability to provide therapeutic sentences for defendants charged with these crimes.  Experienced criminal defense attorneys in North Carolina will tell you that defending a DWI/DUI case is just as complicated as defending a murder charge in a fatigued criminal justice system.

Our criminal defense team has a bevy of defenses in their arsenal to protect you from this system overload and help to defeat these charges. Even if the evidence against you seems insurmountable, our lawyers know how to defend these cases. We have over 40 years of experience in diminishing and successfully defending these cases in Raleigh, Morehead City, and across North Carolina, including but not limited to the following cases:

  • Vehicular homicide, felony death by vehicle, accidents with injury cases;
  • Habitual impaired driving;
  • Child abuse cases stemming from driving while impaired with a child in the car; 
  • Drugged driving, charges with prescribed meds or illicit drugs, abuse of Xanax, opioids, and other drugs; and
  • DWI charges against out of state drivers

While we are skilled and successful negotiators, our criminal defense attorneys are primarily trial lawyers.  While we are well-accustomed to negotiating with the prosecutor’s office, we will first and foremost work closely with you to develop a defense strategy meant to defeat even the strongest evidence against you and ensure that you have the best chance for the most successful outcome available.   

Drunk Driving Attorneys In Raleigh & Morehead City

Why You Need a Drunk Driving Lawyer

North Carolina drunk driving laws are extremely strict.  The police can charge you when your Blood Alcohol Content (BAC) is over the limit of 0.08 percent.  They may also charge you with a crime if they believe that alcohol is impairing your ability to operate your vehicle safely.

DeMent Askew & Johnson, provides guidance through the complicated legal and administrative matters affecting your life after a drunk driving arrest.  Our attorneys have years of trial experience and maintain memberships with associations committed to successful DWI representation.

Consequences for Driving While Impaired differ from state to state, so it is important to have a lawyer familiar with Raleigh and Morehead City drunk driving offenses.  Courts also consider the following when deciding on the penalties for DWI:

  • Age
  • BAC
  • Injury or death occurring during DWI
  • Previous DWI arrests

Technically, the court does not require you to retain the services of a drunk driving lawyer in North Carolina.  You can handle the process in court and before the North Carolina Division of Motor Vehicles.  However, there are distinct advantages to retaining a qualified lawyer.

Some reasons to consider hiring a drunk driving attorney include:

  • You have previous DWI convictions
  • Your DWI arrest includes an accident or injury
  • You require a license for your employment
  • Your arrest involves a BAC more than double the limit
  • You do not understand the NC DWI laws
  • You do not understand the potential consequences
  • Your profession requires bonding
  • Your professional license is in jeopardy

Our Drunk Driving Lawyers in Raleigh and Morehead City can help

DeMent Askew, LLP thoroughly assesses your situation, and helps you understand the penalties you face.  Our drunk driving attorneys advise you of your options and assist you in making an educated decision.  For many cases, we offer free consultations to explain the process.

Once you understand how the courts and administrators handle charges of drunk driving in North Carolina, we can provide information about the consequences.  The court system has penalties that it enforces upon conviction, and the NC Division of Motor Vehicles has separate punishments.  These two entities work together when handling the loss of driving privileges.

At DeMent Askew, LLP, our Raleigh and Morehead City drunk driving lawyers represent you in court and before the Division of Motor Vehicles.  This representation is especially important when your livelihood depends on maintaining your driver’s license.

Call DeMent Askew, LLP for experienced drunk driving attorneys in Raleigh and Morehead City.

Time is of the essence when you face a DWI charge.  Contact our office and speak to a Raleigh drunk driving lawyer.  Allow us to help prevent the negative effects of a drunk driving conviction on your life.

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AVAILABLE AT 9AM TO 6PM

(919) 833-5555

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333 Fayetteville Street, #1513
Raleigh, NC 27601-2950

CRIMINAL DEFENSE SUCCESS

Client found not guilty in DWI case.

June 4, 2019

Defendant had a head-on collision with injuries to both parties. He was given field sobriety tests on the scene of the collision and did not perform well on those tests with the exception of the Horizontal Gaze Nystagmus (HGN) test where he showed no signs of impairment from any central nervous system depressant. He admitted…

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Violent Felony Dismissed

September 13, 2022

The defendant was employed at a fast food restaurant at which a shooting occurred. Upon review of the surveillance footage, officers were able to determine who the shooter was, and they were also able to see the defendant provide the shooter with the gun just moments before the shooting. The defendant was charged with aiding…

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Not Guilty of DWI with Serious Collision; LEO Failed to Gather Specific Information from Driver Taken to Hospital with BAC of .17

February 12, 2019

Client charged with driving while impaired. LEOs respond to a serious collision where someone being taken to the hospital in EMS vehicle upon troopers arrival. The vehicle had flipped 2 times and landed in the median. Based upon information obtained at the scene, the LEO finds my client in the hospital with injuries consistent with…

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Evidence Suppressed in DWI Case; Court Holds “No Reasonable and Articulable Suspicion” for Traffic Stop

February 12, 2019

All evidence suppressed in DWI case for an illegal stop where the LEO observed my client pause in a parking lot for 30 seconds before leaving the lot and then crossed a center line during a turn at an intersection. Held “No reasonable and articulable suspicion” for a traffic stop.

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Motion to Suppress and Dismiss Granted for Lack of Probable Cause; No Reliable Evidence Suggesting Impairment After Speeding Stop

February 12, 2019

Motion to suppress and dismiss granted for lack of probable cause to arrest where my client was stopped for speeding, had an odor of alcohol, glassy eyes, admitted to drinking, as well as showed signs of impairment on the field sobriety tests. The court put little weight on the field sobriety tests because the officer…

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Not Guilty, Refusal Revocation Rescinded; Willful Refusal to Take Breathalyzer Test

February 12, 2019

Client approaches a DWI roadblock. Smells of alcohol and performs ok on field tests though she does so some signs of NHTSA clues of impairment. She admits to drinking and blows positive for presence of alchol on the portable breath test. She is taken to the mobile breath testing bus at the checkpoint. She is…

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FELONY LARCENY CHARGE DISMISSED

September 13, 2022

The defendant was an employee of a department store and was accused of stealing from the store. The store camera’s showed the defendant, who was a cashier, not ringing up several items and placing it in a customer’s basket. The defendant was approached by his store’s loss prevention personnel and provided a detailed confession. Once…

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NOT GUILTY ON DWI

September 13, 2022

Defendant was found asleep in the driver’s seat of his vehicle while his car was in the middle of the road. When he was found, his license was currently suspended for multiple prior DWI offenses. He was awakened by officers and asked to do standardized field sobriety tests. The defendant performed poorly on each of…

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POSSESSION WITH THE INTENT TO SELL OR DELIVER MARIJUANA DISMISSED

January 5, 2023

The defendant was stopped because the tinted windows on his car were too dark. When the officer approached the vehicle, the officer was able to smell a strong odor of marijuana coming from the vehicle. Upon the search of the vehicle a bookbag was located that contained digital scales, plastic baggies, a large quantity of…

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7th Offense; Sentence reduction of 75%

June 4, 2019

Defendant charged with 2 counts of habitual impaired driving on his 7th total offense.  Were able to negotiate a plea consolidating the sentence to one term of 28 months in prison where he was facing the potential for 10 years or more.

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Guilty Verdict of Less Significant Charges of Driving with License Revoked and Lane Violation; Charges Included DWI, Driving While License Revoked, and Hit and Run; No Jail Time

February 12, 2019

Client charged with DWI, driving while license revoked for impaired revocation, hit and run, and driving left of center. She was found on side of the road in driver’s seat 400 yards from a collision, showed clues of impairment on the field sobriety tests and blew a .10 on the breath test. Found not guilty…

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NO CONSENT, NO CONVICTION ON DWI

September 13, 2022

The defendant was involved in a single car accident in which he ran off the road and struck a tree. Officers arrived to the scene and conversed with the defendant. The defendant could not remember where he was coming from and admitted to consuming several beers before driving. After conversing with the defendant, officers’ requested…

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71% reduction in jail time acquired.

March 26, 2019

Client charged with level 3 trafficking in opiates which carried minimum mandatory sentencing of a minimum of 225 months (18 years 9 months) in prison. After months of negotiating with the prosecuting attorney and following a lengthy argument to the court, Defendant was sentenced to 65 months (5 years and 5 months) in prison with…

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DWI DISMISSED AFTER UNLAWFUL SEARCH

September 13, 2022

Officers received a call about a suspicious person. When they arrived on the scene, they found the defendant in the driver’s seat of a vehicle with his music turned up loud. They knocked several times, but the defendant did not answer the door. Officers opened the door and engaged the defendant in conversation. During the…

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Driving Too Fast, Moving Too Slow… DWI dismissed

January 6, 2023

The defendant was stopped for travelling 94 MPH in a 65 MPH zone. Upon approach of the vehicle the Trooper claimed to have detected a strong odor of alcohol, as well as noticed slurred speech and red, glassy eyes. Due to these observations the Trooper had the defendant step out of the vehicle to perform…

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NOT GUILTY ON POTENTIAL AGGRAVATED LEVEL ONE DWI

September 13, 2022

The defendant was stopped for speeding on the interstate by North Carolina State Highway Patrol. When the troopers approached the vehicle, they immediately noted smelling a strong odor of alcohol and cigarette smoke. They also noticed that there was a child in the car. When the troopers ran the defendant’s information, they discovered that he…

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Jumping to conclusions… No PC on DWI

January 6, 2023

The defendant was stopped because his tinted windows were too dark. Once the trooper turned on his blue lights, the trooper felt that it took the defendant too long to pull over. The defendant took multiple turns before stopping in a McDonald’s parking lot. According to the trooper, this was a high crime area and…

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Not Guilty DWI – No Probable Cause

March 26, 2019

Client stopped for speeding. LEO smelled odor of MJ about clients person. LEO search revealed burned MJ blunt. Defendant performed poorly on all physical tests but told the officer he suffered from a herniated disk in his lower back. On the horizontal gaze nystagmus (HGN) eye test there were no clues of impairment. A subsequent…

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Defendant charged with 2 counts after his 7th impaired driving offense.

June 4, 2019

Defendant charged with 2 counts of habitual impaired driving on his 7th total offense.  Were able to negotiate a plea consolidating the sentence to one term of 28 months in prison where he was facing the potential for 10 years or more.

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NOT GUILTY ON DWI

September 13, 2022

The defendant involved in a wreck on a moped. The defendant was found by emergency responders beside the moped with injuries consistent with being involved in an accident. Defendant was transported to the hospital where law enforcement responded. Upon entering the hospital room officers smelled a strong odor of alcohol and the defendant admitted to…

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