Driving WhileImpaired (DWI)
Strategic defense in court and before the DMV, from day one.
A DWI Charge Requires More than a Court Appearance
A DWI charge opens two proceedings at once: the criminal case in court and the administrative suspension of your license before the DMV.
Many people focus only on court and learn too late that the license was lost to a deadline no one explained. At Benitez Family Law, we handle both fronts from day one, with a clear plan and steady communication.
Matters we commonly handle
- DWI involving alcohol or any substance that impairs driving (N.C. Gen. Stat. § 20-138.1)
- Breath test refusal and implied consent suspension
- DMV hearings and limited driving privilege requests
- First offense and subsequent offenses
- DWI with aggravating factors: minor in the vehicle, revoked license, concentration of 0.15 or higher
In North Carolina, DWI does not require an accident or visible intoxication. A concentration of 0.08 or higher, or an officer’s observation of signs of impairment, is enough.
What to do now
Write down everything you remember about the stop: time, location, what the officer said, and how long it took.
If you refused the breath test at the station, you have only 10 days from the DMV notice to request a hearing. Contact us immediately.
Keep receipts, messages, and photos from that night.
Do not post about the incident on social media.
Do not speak with the prosecutor or the officer without representation.
A thoughtful, strategic approach
We review the full stop video, the breath instrument’s calibration records, the operator’s certification, and compliance with every protocol. The most common defenses include:
- The basis for the stop. The officer needs a legal reason to pull you over. Speeding alone is not a sign of impairment.
- Field sobriety tests. Balance and eye-tracking tests have strict rules. When they are not followed, the results lose their weight.
- The instrument and the operator. An uncalibrated device or an operator without a current certification compromises the result.
- Your right to a witness. You are entitled to have someone observe the breath test. If that was denied, the result can be challenged for suppression.
Where your case is heard
- Wake County
- Wake County Justice Center, 300 S. Salisbury Street, Raleigh.
- Forsyth County
- Forsyth County Hall of Justice, 200 N. Main Street, Winston-Salem.
Your presence is required at every DWI court date; we prepare you for each one.
What is at stake
North Carolina sentences DWI on six levels, from A1 (most serious) to 5, based on aggravating and mitigating factors.
- Level 5: 24 hours to 60 days; maximum fine $200
- Level 4: 48 hours to 120 days; maximum fine $500
- Level 3: 72 hours to 6 months; maximum fine $1,000
- Level 2: 7 days to 12 months; maximum fine $2,000
- Level 1: 30 days to 24 months; maximum fine $4,000
- Level A1: 12 to 36 months; maximum fine $10,000
Add to that a license suspension of one year or more, a mandatory alcohol assessment, higher insurance for three years, and a permanent criminal record.
Frequently asked questions
Can a DWI charge be dismissed?
Yes. When the stop lacks a legal basis, when the tests were not administered properly, or when the State cannot prove impairment, the case can be dismissed or won at trial.
Can I drive while the case is pending?
In many cases it is possible to request a limited privilege for work, school, and medical appointments. We evaluate it at the consultation.
Is it worth fighting if I blew over 0.08?
Yes. The number does not close the case. How that number was obtained is where the defense is built.
Do I have to attend every court date?
Yes. In DWI cases the defendant’s presence is required.
- Fees
- Flat fee available, with payment plans. You know the full fee before you sign.
Begin with aPrivate Conversation
The DMV clock starts on the date of the charge. A confidential consultation lets you act in time.
Schedule a Private Consultation