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Criminal Defense
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Personal Injury
Raleigh DWI Lawyer
Serving Wake County & Beyond
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A conviction can impact your license, job, and future. Schedule a confidential consultation with an experienced Raleigh DWI lawyer to discuss your defense options. Take the first step. Click below to schedule your consultation today.
A DWI conviction carries severe penalties that can include jail time, substantial fines, license suspension, and a permanent criminal record that will follow you for life.
At DeMent Askew Johnson & Marshall, we understand that good people can make mistakes. A DWI charge doesn’t define who you are, but how you respond to it will significantly impact your future. Whether you’re a first-time offender, a professional concerned about your career, or someone facing aggravated circumstances, we have the experience and knowledge to protect your rights and fight for the best possible outcome.
Your entire future depends on what you do right now. The decisions you make in the coming days will determine whether this becomes a life-altering conviction or a manageable legal challenge.
In North Carolina, Driving While Impaired (DWI) is governed by N.C.G.S. § 20-138.1. Under this statute, you can be charged with DWI if you drive a vehicle:
North Carolina does not distinguish between DWI and DUI—all impaired driving offenses fall under the DWI statute, regardless of whether the impairment comes from alcohol, illegal drugs, or even prescription medications.
A “per se” DWI occurs when your BAC measures 0.08% or higher. In these cases, the prosecution doesn’t need to prove that your driving was actually impaired—the BAC reading alone is sufficient evidence for conviction. Commercial drivers face an even stricter standard of 0.04% BAC.
Even without a BAC measurement, you can be convicted of DWI if the prosecution can prove that you were “appreciably impaired” by alcohol or drugs. This evidence often comes from:
For drivers under 21, North Carolina has a zero-tolerance policy. Any measurable amount of alcohol (typically 0.01% BAC or higher) can result in a DWI charge, license suspension, and other penalties—even if your driving ability wasn’t impaired.
What sets North Carolina apart from most states is its intricate sentencing structure for DWI convictions. Rather than simple first, second, or third offense categories, North Carolina uses a complex system of six sentencing levels based on aggravating and mitigating factors:
When Applied: Three or more grossly aggravating factors
Penalties: 12-36 months in jail, up to $10,000 fine, mandatory treatment
License Impact: Revocation for 4 years
When Applied: Two grossly aggravating factors
Penalties: 30 days to 24 months in jail, up to $4,000 fine
License Impact: Revocation for 2 years
When Applied: One grossly aggravating factor
Penalties: 7 days to 12 months in jail, up to $2,000 fine
License Impact: Revocation for 1 year
When Applied: Aggravating factors outweigh mitigating factors
Penalties: 72 hours to 6 months in jail, up to $1,000 fine
License Impact: Revocation for 1 year
When Applied: No factors or aggravating and mitigating factors are balanced
Penalties: 48 hours to 120 days in jail, up to $500 fine
License Impact: Revocation for 1 year
When Applied: Mitigating factors outweigh aggravating factors
Penalties: 24 hours to 60 days in jail, up to $200 fine
License Impact: Revocation for 1 year
The severity of your sentence depends heavily on the presence of various factors:
Beyond criminal penalties, a DWI conviction creates devastating collateral consequences:
Driver’s License Revocation: Automatic license suspension for at least one year on a first offense, four years for a second offense within three years, and permanent revocation for a third offense.
Ignition Interlock Requirements: Installation of an ignition interlock device in your vehicle at your own expense (approximately $70-100 monthly) is mandatory for certain offenders, especially those with BAC of 0.15% or higher.
Insurance Impacts: Auto insurance premiums can increase by 300-400% for several years following a DWI conviction, costing thousands of dollars in additional premiums.
Employment Consequences: Many employers conduct background checks, and a DWI conviction can limit job opportunities, especially those involving driving or professional licensing.
Professional License Issues: Doctors, nurses, teachers, lawyers, and other licensed professionals may face disciplinary action from their licensing boards.
Educational Impacts: College students may lose scholarships, face academic discipline, or experience difficulty with admissions.
Immigration Consequences: Non-citizens may face deportation or inadmissibility issues from a DWI conviction.
Despite North Carolina’s strict DWI laws, effective defense strategies exist. Our experienced defense team develops customized approaches, including:
When you choose our firm to defend against DWI charges, you benefit from:
We don’t just defend cases—we defend careers, reputations, and futures.
If you’ve been charged with DWI in Raleigh or anywhere in North Carolina, time is critical. Here’s what you need to do immediately:
The sooner we can begin building your defense, the more options we’ll have to fight the charges. Early intervention can sometimes lead to charges being reduced or dismissed before they permanently impact your record.
At DeMent Askew Johnson & Marshall, we understand what’s at stake when you’re facing DWI charges. Your freedom. Your driving privileges. Your reputation. Your future.
Our team of experienced DWI defense attorneys is ready to stand between you and the severe consequences of a DWI conviction.
The consultation is completely confidential.
Call us now or complete our online contact form to schedule your consultation. There’s a right way and a wrong way to handle DWI charges—let us help you protect everything that matters.
Serving clients in Raleigh, Durham, Orange, Carteret, and Chatham Counties, and throughout North Carolina.
Wake County
Carteret County
Durham County
Orange County
Chatham County
Johnston County (Smithfield courthouse only)
This is a complex question with no one-size-fits-all answer. Under North Carolina’s implied consent law, refusing a chemical test results in an automatic one-year license suspension, regardless of whether you’re ultimately convicted. Your refusal can also be used as evidence against you in court.
Here’s what many people don’t realize: In Wake County and many other North Carolina jurisdictions, law enforcement will typically obtain a warrant for a forced blood draw if you refuse the breath test. This means you face both the penalties of refusal (license suspension, refusal used as evidence) and still have chemical test results that can prosecute your case.
Possibly. After a DWI arrest, you may be eligible for a pre-trial limited driving privilege after a 10-day hard suspension if you had no prior DWI convictions within 7 years and your license wasn’t already revoked. After conviction, limited driving privileges depend on your sentencing level and compliance with court-ordered assessments. Typically, you must complete a substance abuse assessment, show proof of insurance, and pay required fees. For higher BAC levels (0.15% or above), you’ll also need to install an ignition interlock device. Our attorneys can guide you through this complex process and help you maintain your ability to drive for essential purposes.
Many professional licensing boards require reporting of criminal convictions, including DWI. The impact varies by profession:
Our firm works not only on your criminal defense but also helps manage professional licensing implications by coordinating with licensing boards and developing mitigation strategies.
In North Carolina, there’s no separate “Aggravated DWI” charge, but there are aggravating factors that significantly impact sentencing. The most serious DWI sentence is “Aggravated Level One,” which applies when three or more grossly aggravating factors are present. These factors include prior DWI convictions, driving with a revoked license due to a previous DWI, causing serious injury, or having a child in the vehicle. An Aggravated Level One DWI carries 12-36 months of jail time, up to $10,000 in fines, and mandatory substance abuse treatment, compared to as little as 24 hours in jail for a Level Five conviction.
Unlike many other states, North Carolina generally does not allow expungement of DWI convictions. Once convicted, the DWI remains on your criminal and driving record permanently. This makes fighting your DWI charge aggressively from the beginning especially important. If your DWI charge was dismissed or you were found not guilty, you may be eligible to have the arrest record expunged. Our attorneys can evaluate your specific situation and explain all available options for protecting your record.
A DWI conviction typically results in being classified as a “high-risk driver” by insurance companies. In North Carolina, this commonly leads to premium increases of 300-400% for 3-5 years following conviction. For many drivers, this means paying thousands of additional dollars annually for insurance. You may also be required to file an SR-22 (proof of financial responsibility) with the DMV. Some insurance carriers may decline to renew your policy altogether. These insurance consequences often represent the most expensive long-term cost of a DWI conviction.
Unlike some states, North Carolina does not provide a legal defense based on taking prescribed medication as directed. You can be convicted of DWI while taking your own legally prescribed medications if they impair your driving ability. However, the fact that impairment resulted from lawfully prescribed medication taken as directed can serve as a mitigating factor during sentencing. Our attorneys work with medical experts to challenge claims of impairment from prescription medications and develop effective defenses based on your specific medical situation.
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