OUT OF STATE
DEFENDANTS

NC DWI Charges Against Out of State Drivers

Raleigh, North Carolina attracts visitors from all over the country for both business and pleasure, as do our beautiful coastlines. A vibrant city, Raleigh offers everything from conventions and festivals to nationally anticipated sporting events, while Morehead City offers fine eateries, festivals, and picturesque beaches. All of these activities may involve the consumption of alcohol. Coupled with reduced inhibitions travel often provides, these events directly increase the number of DWI charges against travelers and out-of-state defendants. If you have received a DWI charge under North Carolina law but don’t live here, consult a North Carolina attorney with experience in representing out of state defendants. The DWI lawyers at DeMent Askew & Johnson can help mitigate consequences you might face in North Carolina and help you understand resulting ramifications in your state under the national registry known as the Drivers License Compact.

Most people have no awareness that many states share traffic violation information through the Driver's License Compact, a national registry created for that purpose. While communication through the Drivers License Compact can take some time, you should expect that eventually your state of residence will be made aware of your North Carolina DWI conviction. It is entirely possible you will then be punished according to your residential state’s own DWI laws and insurance penalties. Likewise, a North Carolina driver who receives a DWI charge in another state will ultimately receive the same suspension of the driving privileges North Carolina would impose if the offense took place in its jurisdiction.

Conviction of DWI in North Carolina will result in suspension of your North Carolina driving privileges for at least 1 year. Depending on your BAC (blood alcohol content), you may be able to acquire limited privilege to drive in the state.

In many cases, we can help mitigate damages to you that occur based on sheer distance from North Carolina Courts. For many required court appearances, we may be able to appear in court on your behalf, saving you the time and expense. When that is not possible, we can help arrange court dates and assessments at times most convenient for return travel. These may include assisting you with:

Payment of any court costs or fines in advance;
Obtaining a substance abuse or alcohol assessment and, if recommended, treatment; and
Locating local non-profit organizations to complete 24-48 hours of community.

We can often be helpful in arranging court-imposed or agreed upon treatment and/or community service to be approved and completed in your state of residence.

The lawyers at DeMent Askew & Johnson have over 40 years of experience defending DWI charges in North Carolina, including those against out-of-state defendants. Our criminal defense lawyers will thoroughly evaluate your charge and help you understand the options available to you, including your best and worst case scenarios. We will take every measure to lessen any inconvenience to you and increase your chances of successfully resolving your DWI charges and of completing requirements and penalties imposed both in North Carolina and your state of residence. Call us today to speak with one of our DWI defense attorneys for a free consultation at 919-833-5555.

Rusty DeMent in his office in Downtow Raleigh

Russell W. DeMent III

Criminal Defense Lawyer

(919) 833-5555

Learn More About DWI Charges in NC

Important DWI Information

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.

Criminal Lawyer, DWI Lawyer, Personal Injury Lawyer.

What’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…

Can 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…

Are 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…

Reasonable 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…

DWI 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…

Raleigh DWI Defense

The drunk driving laws in North Carolina are strict and the fines and penalties are severe. In fact, even a Level 5 DWI arrest can have long-ranging negative effects that can change your life, and the lives and futures of your family and loved ones. In fact, getting convicted of a Level 5 DWI in…

The Consequences of DWI in North Carolina

There is nothing good that comes out of driving while intoxicated. You may have heard or may have even told yourself some of the common phrases adults use in order to justify getting behind the wheel after consuming alcohol: A cold shower will sober me up. I’ll have a few cups of strong coffee and…

Don’t Get Caught At A Sobriety Checkpoint These Holidays

There are statistics that have shown that the number of fatalities as a result of driving under the influence of alcohol during the Thanksgiving holidays is second highest. Only New Year’s Eve tops it. In fact, the eve of Thanksgiving is often referred to as “Black Out Wednesday” since it is one of the busiest…

How to Beat a Sobriety Check Point

Many driving under the influence charges seem to result from a driver having to go through an unexpected roadblock after a night of casual drinks. While a sobriety checkpoint is a horrible inconvenience to begin with, later it can turn out to be your best asset if you have to go through a defense process.…

Your First DWI Offense – Now What?

So you’ve been charged with a DWI offense. It’s also your first offense. What happens now? In North Carolina, a sliding scale with levels 1 through 5 is used for such punishments. It’s based on aggravating and mitigating aspects. Level 5 will incur the lowers punishments whereas Level 1 generates the harshest fines and even…

Sobriety Checkpoint: The Things You Need to Know

Law enforcement officers use a sobriety checkpoint as a tool to evaluate drivers for signs of alcohol and drug impairment. A checkpoint can be a stop on the freeway or any public road. It is usually decided ahead of time what the process will be to stop vehicles, such as every third car will be…

Raleigh Drunk-Driving Accidents: How Many Drinks Does it Take?

It doesn’t take much alcohol to become impaired. Although an average person might be able to handle several drinks before feeling intoxicated, alcohol starts to affect the body after a single drink. Data released by MADD shows just how quickly a person begins to lose the ability to operate a vehicle safely. Surprisingly, you can…

Five Self-Tests to Help You Avoid a Raleigh DWI Ticket

Very few people get behind the wheel knowing that they’re too drunk to drive. Usually, people think they’re not impaired enough to get a DWI, simply because of the way alcohol affects the brain. You may feel fine or think that you haven’t had enough alcohol to be above the legal limit, but none of…

Car of the Future May Literally Shut Down Drunk-Driving

Imagine if every driver had to submit to a sobriety test before operating a vehicle. There’s a good chance it would put an end to drunk-driving in Raleigh altogether. Of course, that also leads to a whole lot of questions of legality. Can every single driver really be tested? Interestingly, the answer is, “yes,” but…

Alcohol Paradox: Fatal Drunk-Driving Accidents Continue, Though DWI Decreases

The insurance Institute for Highway Safety (IIHS) has recently uncovered an interesting anomaly in their data. The agency has been tracking drunk-driving accidents in Raleigh, as well as throughout the rest of the country, and has been trying to uncover ways to reduce the number of alcohol-related fatalities. Despite their efforts, deadly collisions have remained…

IIHS Reports Raleigh Sobriety Checkpoints Conducted Improperly

In Raleigh, sobriety checkpoints are already a major source of conflict. Arrests have been on the rise and the courts have been packed with cases as a result of the city’s DWI squad. This is largely the result of a massive federal grant, which has made more man-power and roadblocks available. Even still, the Insurance…

Prom: Think Your Teen Won’t Drink and Drive in Raleigh? Think Again.

With prom season upon us, many families are dazed by the cost alone. It seems parents often shoulder the bulk of the burden, shelling out around $1000 for their teen to have a night out, according to Visa. While some parents show concern for safety as well, it typically involves worry about teen sex, rather…

Veterans Have Higher Rates of DWI and Other Traffic Offenses

For many years, the battles our veterans face outside the warzone had been swept under the rug, Even now, we’re just starting to understand how much individuals are impacted. According to the U.S. Department of Veterans Affairs, post-traumatic stress disorder (PTSD) affects a huge number of servicemen, though pinning down an exact amount is difficult,…

Raleigh Sobriety Checkpoint Nabbed Dozens More Last Weekend

Whether you agree or disagree with the concept, there’s no question that Raleigh’s sobriety checkpoints are effective. In a recent interview, the Wake County District Attorney said that the county expects to handle about 6,000 DWI charges this year. Overall the number of DWI arrests in Wake County may increase as much as 30% over…

Wake County Courts Are Flooded with Raleigh DWI Cases

According to a WNCN News report, there were 2,843 Raleigh DWI arrests between January 1, 2014 and the end of November. For comparison, there were only 1,781 arrests during the same timeframe during the prior year. This makes for a 60% increase in drunk-driving arrests in a single year. At the same time, Wake County…

Man Drunk-Driving Hits Police Car and Gets Away with It

In a story almost too crazy to be true, a man in Queens, New York collided with a police car this week while drunk driving and got away with it. According to The New York Post, Langford Banda lost control of his vehicle just after midnight on February 9 and hit a parked NYPD van,…

Are Raleigh’s Sobriety Checkpoints Effective at Curbing DWI Incidents?

The topic of sobriety checkpoints in Raleigh is always a heated one. On one hand, proponents of them conclude that they help keep drunk drivers off the road. On the other hand, those against them claim they are ineffective and often argue that they’re intrusive, or area violation of their rights. Scope of the Problem…

Research Shows Fewer Raleigh DWI Charges Are Dismissed

WNCN news recently dug into the number of DWI charges throughout North Carolina and they were surprised to find that there were vast differences in the number of cases each district is dismissing. On average, 21% of drunk-driving charges in the state are thrown out for one reason or another. However, in Granville, Harnett, Lee…

North Carolina DWI Laws

Driving under the influence of alcohol and drugs is prohibited throughout the United States. However, each state sets its own regulations as far as what the legal limit is and what the penalties are for each offense. While drinking and driving is always discouraged, it is important to know the local laws. Avoid a DWI…

Drunk Driving Accidents and Underage Drinking

Drunk driving is a serious concern for residents of North Carolina, as well as the rest of the United States. The issue is not just with those who are legally able to drink and choose to drive when intoxicated. The number of underage children involved has prompted the state to launch a campaign called Talk…

Thanksgiving Travel: Traffic, Weather, and Drunk Driving Concerns

If you are like millions of other Americans, you will likely be traveling over the Thanksgiving holiday. According to the annual AAA Travel Forecast, about 46.3 million people across the country will be traveling 50 miles or further. Travel by car comes with a few risks, no matter when you hit the road. Thanksgiving week…

Drunk Driving Accident Victims: Seeking Legal Advice

Although drunk driving awareness campaigns have put the risks at the forefront of public knowledge, it is still a common problem in North Carolina and throughout the United States. The state regularly holds campaigns and sets up checkpoints in an attempt to catch violators and discourage others. The most recent “Booze It & Lose It”…

Tips for Getting Through Sobriety Checkpoints

Cities like Raleigh, North Carolina set up sobriety checkpoints along the highways and at major traffic centers to catch individuals driving under the influence of alcohol. Police officers rotate the locations weekly in an attempt to discourage drinking and driving and will stop drivers in a pattern. If stopped, you are required to take a…

DWI Enforcement During Peak Holiday Travel Times

The holiday season stretches from Halloween to New Year’s Eve. There are plenty of opportunities over these three months to celebrate with cross-country trips to visit family and gatherings with friends for every occasion. A season of partying can easily lead to too much of a good thing and the result can be a DWI…

N.C 4th of July DWI Enforcement

This 4th of July holiday, as families and friends gather to celebrate the nation’s independence with food, drink, and festivities, North Carolina law enforcement officials will be out in full force across the state actively working to catch drunk drivers and buzzed drivers with sobriety checkpoints. Generally, law enforcement officials begin special campaigns that target…

Finding the right DWI attorney in Raleigh

The North Carolina Department of Transportation estimates 38 percent of fatal accidents involve individuals driving while impaired (DWI). Laws in North Carolina are designed to penalize and deter individuals from picking up the car keys after a couple of drinks. If you did pick up those keys and ended up with a DWI charge, lawyers…

Your Rights When Facing Drunk Driving Charges

The Centers for Disease Control and Prevention (CDC) estimate that 32 people die each day in alcohol-related vehicle collisions. Of drivers with a blood alcohol content (BAC) over the legal limit of .08 percent, younger drivers between ages 21 and 24 are more likely to become fatalities. Of motorcycle drivers involved in fatal crashes, 30…

More About DWI in NC

Important DWI Information

What happens If I get charged with a DWI in North Carolina?

What’s an Ignition Interlock Device (IID)?

Can a Defendant Contest Breathalyzer Results?

Are DWI Roadblocks in North Carolina a Violation of Motorist Rights?

Reasonable Suspicion: What is it and How Does It Affect My DWI Case?

DWI and DUI in North Carolina: What’s the Difference?

Raleigh DWI Defense

The Consequences of DWI in North Carolina

Don’t Get Caught At A Sobriety Checkpoint These Holidays

How to Beat a Sobriety Check Point

Your First DWI Offense – Now What?

Sobriety Checkpoint: The Things You Need to Know

Raleigh Drunk-Driving Accidents: How Many Drinks Does it Take?

Five Self-Tests to Help You Avoid a Raleigh DWI Ticket

Car of the Future May Literally Shut Down Drunk-Driving

Alcohol Paradox: Fatal Drunk-Driving Accidents Continue, Though DWI Decreases

IIHS Reports Raleigh Sobriety Checkpoints Conducted Improperly

Prom: Think Your Teen Won’t Drink and Drive in Raleigh? Think Again.

Veterans Have Higher Rates of DWI and Other Traffic Offenses

Raleigh Sobriety Checkpoint Nabbed Dozens More Last Weekend

Wake County Courts Are Flooded with Raleigh DWI Cases

Man Drunk-Driving Hits Police Car and Gets Away with It

Are Raleigh’s Sobriety Checkpoints Effective at Curbing DWI Incidents?

Research Shows Fewer Raleigh DWI Charges Are Dismissed

North Carolina DWI Laws

Drunk Driving Accidents and Underage Drinking

Thanksgiving Travel: Traffic, Weather, and Drunk Driving Concerns

Drunk Driving Accident Victims: Seeking Legal Advice

Tips for Getting Through Sobriety Checkpoints

DWI Enforcement During Peak Holiday Travel Times

N.C 4th of July DWI Enforcement

Finding the right DWI attorney in Raleigh

Your Rights When Facing Drunk Driving Charges

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(919) 833-5555

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

MOREHEAD CITY OFFICE:
810 Arendell Street
Morehead City, NC 28557

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…

Rusty DeMent, Alex Marshall, and Mia Chapman

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…

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…

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…

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…

No prison sentence for client facing 1 year.

June 4, 2019

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…

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…

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…

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.

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…

J. Alex Marshall, Raleigh Criminal Defense Lawyer

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…

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…

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…

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…

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…

Close up of a person wearing a low hoof with their face covered in shadow.

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…

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…

7th Offense; Sentence reduction of 75%

June 4, 2019

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…

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.