This page was written, edited, reviewed & approved by Justin C. Olsinski following our comprehensive editorial guidelines. Justin C. Olsinski, the Founding Partner, has 16+ years of legal experience as an attorney.
A DWI charge in Durham, North Carolina is a serious legal matter with consequences that reach far beyond a night in jail. License revocation, ignition interlock requirements, steep fines, and the lasting mark of a criminal conviction can follow you for years. At The Olsinski Law Firm, our DWI defense attorneys represent clients in Durham and throughout the Triangle in fighting impaired driving charges at every level, from first-offense misdemeanors to felony Habitual Impaired Driving. If you have been charged with a DWI in Durham, this page explains what you are facing under North Carolina law and why having an experienced attorney in your corner matters from the very beginning.
North Carolina's impaired driving statute, N.C.G.S. § 20-138.1, makes it a criminal offense to drive any vehicle on any highway, street, or public vehicular area while under the influence of any impairing substance, with a blood alcohol concentration (BAC) of 0.08 or more, or with any amount of a Schedule I controlled substance in your blood or urine. There is no legal distinction between DUI and DWI in North Carolina. Both terms refer to the same offense.
One of the most important features of North Carolina DWI law is that there is no plea bargain to a lesser charge. The DWI cannot be reduced to a "wet reckless" or other traffic offense through negotiation with the prosecutor. The case resolves as a DWI conviction, an acquittal, or a dismissal. This makes the quality of your defense the single most important factor in the outcome of your case.
For misdemeanor DWI convictions, North Carolina applies a six-level sentencing system based on aggravating, grossly aggravating, and mitigating factors:
Grossly aggravating factors, which push the sentencing level higher, include a prior DWI conviction within seven years, driving with a child under 18 in the vehicle, driving with a revoked license due to a prior DWI, and causing serious injury to another person.
Under N.C.G.S. § 20-138.5, a DWI becomes the felony offense of Habitual Impaired Driving when a driver has three or more prior DWI convictions within the past 10 years. This is a Class F felony carrying a mandatory active prison sentence of at least 12 months, permanent license revocation, and vehicle forfeiture. When a DWI causes serious injury or death to another person, additional felony charges under N.C.G.S. § 20-141.4 apply, ranging from a Class F to Class D felony.
Every DWI defense starts with a thorough review of the evidence. Our attorneys examine the circumstances of the traffic stop to determine whether the officer had reasonable articulable suspicion to pull you over. Without a lawful stop, the case may be dismissed regardless of the BAC result.
We also scrutinize the administration of field sobriety tests, which must follow standardized protocols established by the National Highway Traffic Safety Administration (NHTSA) to be valid. We review the breath testing equipment used in your case, including the calibration and maintenance records for the Intoxilyzer EC/IR-II, which is the standard device used by North Carolina law enforcement. If blood was drawn, we examine the chain of custody and whether proper protocols were followed.
A DWI charge triggers automatic civil revocation of your North Carolina driver's license within 30 days of arrest. This revocation is separate from any criminal conviction and happens even if you ultimately win the case or have the charges dismissed. You may be eligible for a pretrial limited driving privilege if you meet certain requirements. After conviction, a post-conviction limited driving privilege may be available with an ignition interlock device requirement. Our attorneys help Durham clients navigate both the criminal and civil license revocation processes simultaneously.
You can refuse, but there are immediate consequences. Under North Carolina's implied consent law, any licensed driver who operates a vehicle in the state is deemed to have consented to a chemical test. Refusing the test results in an automatic 12-month license revocation. Refusal can also be used against you as evidence of consciousness of guilt. The refusal does not prevent you from being charged or convicted.
DWI cases in Durham County typically take anywhere from several months to over a year to resolve, depending on the court's docket, the complexity of the evidence, and whether the case proceeds to trial. Felony DWI cases take longer due to the formal grand jury indictment process and more extensive pretrial proceedings.
Yes. Even a first-offense DWI carries significant consequences including license revocation, a permanent criminal record, and potential jail time. The legal and factual issues involved in a DWI case are complex, and the rules of evidence and procedure matter enormously. An attorney who knows North Carolina DWI law can identify suppression issues, negotiate with the state, and give you a realistic assessment of your case before you make any decisions.
If you have been charged with a DWI in Durham, do not wait to get legal representation. The Olsinski Law Firm provides aggressive, experienced DWI defense throughout the Triangle and the Charlotte-Concord area. Call Charlotte at 704-405-2580 or Concord at 704-918-4747, or contact us online to schedule your free consultation.
Mr. Olsinski founded his criminal defense practice in Charlotte, NC, in January 2010. He has successfully defended cases ranging from B1 Felony First Degree Sex Offenses/First Degree Murder to Misdemeanor marijuana charges.
"*" indicates required fields
