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 Raleigh DWI attorney is your most important ally in the local courts. From challenging the probable cause of your traffic stop to questioning the accuracy of breathalyzer tests, we look at every detail of your arrest. Our firm combines local insight with years of experience to build a legal strategy tailored to your specific needs. We are here to ensure that one mistake does not define your future, providing the knowledgeable counsel you need during this difficult time.
The Olsinski Law Firm provides a strong, knowledgeable defense for individuals facing criminal charges throughout Wake County. Our legal team understands that a DWI conviction carries consequences that reach far beyond the courtroom, affecting your driver's license, your job, and your freedom. We work tirelessly to protect your civil liberties and pursue the best possible outcome for your case.
In North Carolina, driving while impaired (DWI) is governed by N.C. Gen. Stat. § 20-138.1. This law is broad and covers more than just alcohol; it includes impairment from any appreciable amount of an intoxicating substance. Whether the state alleges you had a high blood alcohol concentration or were under the influence of a Schedule I controlled substance, the prosecution must meet a high burden of proof.
The Olsinski Law Firm knows how to break down these complex criminal laws to show the court where the state’s case may be weak. We stay updated on the latest impaired driving laws to provide you with a defense that is both current and effective.
Most criminal cases for DWI are won or lost based on what happens in the first hour of a traffic stop. Understanding the steps the police must follow is the first step in defending your rights.
A police officer cannot pull you over just because they have a hunch. They they must observe a clear sign that something illegal might be happening, such as a traffic ticket violation or erratic driving. To move from a stop to an arrest, the officer must then find probable cause to believe you are impaired. Our team carefully reviews dash camera recordings to see if the officer had a valid legal reason to stop you in the first place.
Field sobriety tests are intentionally difficult and are often graded unfairly by the officer. Please note that these tests are voluntary in North Carolina, and your performance may be affected by weather, footwear, or nervousness. We analyze body camera footage to point out every error the officer made while giving you these tests.
Under North Carolina's implied consent law, N.C. Gen. Stat. § 20-16.2, by driving on the road, you have already agreed to a chemical test if an officer has a reason to ask for one. At the police station, you will usually be asked to provide a breath sample for chemical analysis.
In some cases, such as an accident involving felony death by vehicle, the state may seek a blood-alcohol test. You have the right to call a criminal defense attorney and have a witness present for these tests, provided it does not delay the process by more than 30 minutes.
Once the officer decides to arrest you, you will be taken to the police station or the Wake County jail for booking. A magistrate will then set your bond and decide if you can be released. This is a critical time where you may be asked to sign paperwork or make statements. The Olsinski Law Firm advises all clients to stay silent and request a DWI lawyer immediately to avoid helping the special DWI prosecutor build a case against them.
A first offense DWI arrest in Raleigh typically triggers two separate legal battles. One takes place in the criminal courts on Fayetteville St, while the other is an administrative matter handled through the North Carolina Division of Motor Vehicles (DMV). Even if you are not eventually convicted of a crime, you still face an immediate threat to your driving privileges.
Your criminal case begins at your first appearance, where a judge formally reads the criminal charges against you. In local courts, the Wake County District Attorney or a special DWI prosecutor will lead the state's effort to prove your guilt.
The moment you are charged with a DWI and have a BAC level of 0.08 or higher, your driver's license is seized for a 30-day civil revocation under N.C. Gen. Stat. § 20-16.5.
A conviction for driving while impaired in North Carolina is not a typical traffic ticket. The penalties are mandatory and structured to become harsher based on your specific history and the facts of your arrest. The Olsinski Law Firm works to minimize these impacts by focusing on aggravating factors and mitigating evidence.
North Carolina uses a complex tier system to determine your sentence. The judge weighs aggravating factors, such as reckless driving or a high BAC level, against mitigating factors, such as a clean record.
| Punishment Level | Minimum Jail Time | Maximum Fine |
| Aggravated Level 1 | 12 months | $10,000 |
| Level 1 | 30 days | $4,000 |
| Level 2 | 7 days | $2,000 |
| Level 3 | 72 hours | $1,000 |
| Level 4 | 48 hours | $500 |
| Level 5 | 24 hours | $200 |
A DWI conviction follows you long after you leave the courthouse. You will face a one-year license suspension, and you may be required to install an interlock ignition device under N.C. Gen. Stat. § 20-17.8. Other impacts include:
Fighting a DWI requires a precise legal strategy that looks for administrative errors and constitutional violations. The Olsinski Law Firm leverages our deep knowledge of North Carolina law to challenge the state's narrative at every turn. We do not just accept the state's evidence; we tear it apart to find the truth.
An officer must have reasonable suspicion to pull you over. If we can prove the officer stopped you without a valid legal reason, any evidence found after that stop might be suppressed. Without that evidence, the special DWI prosecutor may have no choice but to dismiss the criminal charges.
Field sobriety tests are highly subjective. We look for factors that could have caused you to fail besides alcohol, such as:
Chemical testing is not perfect. We review the maintenance logs for the breathalyzer used at the police station to determine whether it was properly calibrated. For a blood test, we look at the chain of custody to ensure the sample was not contaminated or switched. If the state cannot prove that the chemical analysis was accurate, the bac results may be excluded from court.
We also look for violations of your civil liberties. If you were denied the right to have a witness present during your chemical test or were not allowed to see a magistrate in a timely manner, we can file motions to have the case dismissed. Our trial skills allow us to stand up for you in both superior court and during a misdemeanor jury trial.
The cost for a criminal defense attorney usually depends on the facts of your case. If your case is complex or goes to a misdemeanor jury trial, the costs may be higher.
A dismissal often occurs due to a legal error. If the state cannot prove you were driving or if they violated your rights, a judge may dismiss the criminal charges.
Most first-time offenders may not serve active jail time. Under N.C. Gen. Stat. § 20-179, a judge can often suspend jail time in favor of community service and probation.
Under implied consent laws, a willful refusal leads to an automatic one-year license suspension by the DMV. This happens even if you are found not guilty in court.
After the initial 30-day civil revocation, you may be able to get a limited driving privilege. This allows you to drive for work, school, and household needs during set hours.
Yes. A DWI conviction cannot be removed from your criminal record through expungement in this state. This is why fighting the charge with a legal strategy is so important.
If you have been accused of driving while impaired, you do not have to work through the legal system alone. At the Olsinski Law Firm, our team is committed to protecting your civil liberties, evaluating the evidence, and developing a defense strategy to achieve a favorable resolution. Time is often critical, so seeking knowledgeable counsel can help prevent further complications, including a lengthy license suspension.
DWI claims against the state are complex and hard-fought. We understand the strategies a special DWI prosecutor uses to secure a conviction. We work tirelessly to find administrative errors and fight for your right to keep your driver's license and your freedom. Contact us today for a free consultation. Our Raleigh criminal defense lawyers are here to help you through this challenging process.
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.
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