WEEDE LAW, PLLC

DWI DEFENSE

                                               (919) 882-6168

When facing DWI charges, experience matters!   I will guide you through each step of the process.  Together, we will seek the best possible resolution to your case.  I look forward to working with you.

 

  WEEDE LAW, PLLC

DWI DEFENSE

       (919) 882-6168

 

 

When facing DWI charges, experience matters!   I will guide you through each step of the process.  Together, we will seek the best possible resolution to your case.  I look forward to working with you.

 

UNDERSTANDING YOUR SITUATION

Facing a DWI charge can be a challenging time.  During your free initial consultation, we will discuss your case and situation in detail, and I will attempt to answer all your questions.

 

COMMON DWI QUESTIONS---CLICK TO READ

UNDERSTANDING YOUR SITUATION

Facing a DWI charge can be a challenging time.  During your free initial consultation, we will discuss your case and situation in detail, and I will attempt to answer all your questions.

 

COMMON DWI QUESTIONS--CLICK TO READ

        RALEIGH DWI LAWYER

APPROACHING YOUR CASE

As a Raleigh DWI lawyer, I will assist in your DWI defense.  During my time as an Assistant District Attorney, I prosecuted many DWI cases and was a member of the motor vehicle traffic fatality team which screens and prosecutes vehicular homicide cases.

 

From my experience, I know the key areas to examine in every DWI case, including the traffic stop, the field sobriety tests, and the breath test or blood test.  I will carefully analyze your case from every angle and will leave no stone unturned.

 

APPROACHING YOUR CASE

As a Raleigh DWI lawyer, I will assist in your DWI defense.  During my time as an Assistant District Attorney, I prosecuted many DWI cases and was a member of the motor vehicle traffic fatality team which screens and prosecutes vehicular homicide cases.

 

From my experience, I know the key areas to examine in every DWI case, including the traffic stop, the field sobriety tests, and the breath test or blood test.  I will carefully analyze your case from every angle and will leave no stone unturned.

 

                         DWI ELEMENTS

 

The elements of DWI are set forth in North Carolina General Statutes (NCGS) Section 20-138.1.  To prove DWI, the State must show beyond a reasonable doubt that an individual drove (operated) a vehicle while impaired on a street, highway, or public vehicular area.  Under North Carolina law, roads, streets, highways, parking lots, and driveways are public vehicular areas.

 

According to NCGS 20-138.1, a driver is impaired under any the following circumstances:

(1) the driver is "under the influence of an impairing substance."  Pursuant to NCGS 20-4.01(48b), this phrase refers to "[t]he state of a person having his [or her] physical or mental faculties, or both, appreciably impaired by an impairing substance."  The State can pursue an "appreciable impairment" theory based on evidence of impairment from alcohol, a controlled substance, or both.  

(2) the driver has an alcohol concentration of .08 or more within a relevant time after driving.

(3) the driver has any amount of a Schedule I controlled substance (e.g. heroin) present in his/her system.

 

Pursuant to NCGS Section 20-4.01(49), a vehicle includes "[e]very device in, upon, or by which any person or property is or may be transported or drawn upon a highway, excepting devices moved by human power or used exclusively upon fixed rails or tracks."  The statute also includes bicycles.

                            DWI     ELEMENTS

 

The elements of DWI are set forth in North Carolina General Statutes (NCGS) Section 20-138.1.  To prove DWI, the State must show beyond a reasonable doubt that an individual drove (operated) a vehicle while impaired on a street, highway, or public vehicular area.  Under North Carolina law, roads, streets, highways, parking lots, and driveways are public vehicular areas.

 

According to NCGS 20-138.1, a driver is impaired under any the following circumstances:

(1) the driver is "under the influence of an impairing substance."  Pursuant to NCGS 20-4.01(48b), this phrase refers to "[t]he state of a person having his [or her] physical or mental faculties, or both, appreciably impaired by an impairing substance."  The State can pursue an "appreciable impairment" theory based on evidence of impairment from alcohol, a controlled substance, or both.  

(2) the driver has an alcohol concentration of .08 or more within a relevant time after driving.

(3) the driver has any amount of a Schedule I controlled substance (e.g. heroin) present in his/her system.

 

Pursuant to NCGS Section 20-4.01(49), a vehicle includes "[e]very device in, upon, or by which any person or property is or may be transported or drawn upon a highway, excepting devices moved by human power or used exclusively upon fixed rails or tracks."  The statute also includes bicycles.

PENALTIES FOR DWI INCLUDE:

                    For more information, click to read North Carolina General Statutes Section 20-179.

AGGRAVATED LEVEL ONE

  • 12-36 months incarceration
  • If suspended sentence: minimum 120 days incarceration
  • Up to $10,000 fine

LEVEL ONE

  • 30 days-24 months incarceration
  • If suspended sentence: minimum 30 days incarceration or minimum 10 days incarceration plus alcohol abstinence and 120 days of continuous alcohol monitoring (CAM)
  • Up to $4,000 fine

LEVEL TWO

  • 7 days-12 months incarceration
  • If suspended sentence: minimum 7 days incarceration or abstinence from alcohol and 90 days CAM
  • Up to $2,000 fine

LEVEL THREE

  • 72 hours-6 months incarceration
  • If suspended sentence: 72 hours in jail or 72 hours community service (or both) required
  • Up to $1,000 fine

LEVEL FOUR

  • 48 hours-120 days incarceration
  • If suspended sentence: 48 hours in jail or 48 hours of community service (or both) required
  • Up to $500 fine

LEVEL FIVE

  • 24 hours-60 days incarceration
  • If suspended sentence: 24 hours in jail or 24 hours community service (or both) required
  • Up to $200 fine

CONTACT PATRICK B. WEEDE, A RALEIGH DWI LAWYER, TODAY FOR A FREE CONSULATION.

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