DWI/DUI
What happens If I get charged with a DWI in North Carolina?
If you are charged as a result of a traffic stop and the officer suspects impairment from alcohol, you will likely be taken to a police department or downtown Raleigh for a chemical test of your breath.
Read MoreRussell W. DeMent named Lawyer of the Year in DUI/DWI Defense in the 2021 Edition of Best Lawyers in America
We are pleased to share with you that Russell (Rusty) DeMent III has been named the 2021 Raleigh DUI/DWI Defense Lawyer of the Year in the 2021 Edition of Best Lawyers in America. Rusty is also named to the Criminal Defense: General Practice Section in the 2021 Edition. A seasoned criminal trial attorney, Rusty has…
Read MoreClient found not guilty in DWI case.
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…
Read MoreNo prison sentence for client facing 1 year.
Defendant charged with Level 2 DWI with one prior within 7 years. Was facing a potential sentence of 1 year in prison. Defendant attended a treatment program and really changed her life direction while the case was pending. We were able to get the judge to agree to accept the inpatient treatment as credit for…
Read MoreDefendant charged with 2 counts after his 7th impaired driving offense.
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.
Read MoreWhat’s an Ignition Interlock Device (IID)?
Drunk driving is never tolerated in any state. However, North Carolina deploys some of the harshest penalties for drunk drivers, including the Ignition Interlock Device (IID). From jail time to fines to penalties, you will certainly endure a lot as a punishment for breaking the law. However, one punishment many DWI offenders do not think about is…
Read MoreCan a Defendant Contest Breathalyzer Results?
The breathalyzer, known as a breath-test device, is routinely used by law enforcement in North Carolina to determine if a motorist is under the influence. Law enforcement’s prevalent use of the device makes some defendants believe they cannot contest breathalyzer results. If a high BAC comes back, prosecutors use the breathalyzer’s evidence to prove the DWI charges…
Read MoreAre DWI Roadblocks in North Carolina a Violation of Motorist Rights?
Sobriety checkpoints, often called DWI roadblocks, feel like an invasion of privacy. They are strategically set along main roads with one purpose: finding drunken drivers. At these checkpoints, all vehicles must stop, and law enforcement can assess if the driver is inebriated at the time. If the officer suspects that the driver has been drinking, they may…
Read MoreReasonable Suspicion: What is it and How Does It Affect My DWI Case?
For law enforcement to pull your vehicle over, the law requires them to have reasonable suspicion that you violated the law in some way. When it comes to drinking and driving, the officer must have probable cause to rationalize a field sobriety check. While North Carolina used to have some of the strictest laws against drunken…
Read MoreDWI and DUI in North Carolina: What’s the Difference?
You may or may not know the difference between a DWI and a DUI in North Carolina. Many of us know what the terms imply – “driving while impaired” and “driving under the influence” – but how are they different? And are the consequences the same across the state? North Carolina is home to strict…
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