Since 2007, we have earned a reputation as tough advocates in DWI cases who conduct thorough reviews of potential prejudicial errors, such as:
As experienced criminal defense lawyers, we can find evidence and law enforcement problems that other attorneys might miss. From your first consultation, our firm will examine your case and lay out a potential strategy to protect your rights.
Field sobriety tests are not as scientific as law enforcement would have you believe. The three standardized tests — the Horizontal Gaze Nystagmus (HGN), the Walk-and-Turn, and the One-Leg Stand — were developed decades ago and carry a built-in margin of error even under ideal conditions. On the roadside at night, after a stressful traffic stop, that margin widens considerably.
Our attorneys scrutinize every aspect of how these tests were administered. The HGN test, which tracks involuntary eye movement, can produce false results from a wide range of medical conditions, medications, and even fatigue. The Walk-and-Turn and One-Leg Stand are balance tests that can be failed by someone who is entirely sober if they have an inner ear condition, a prior knee or ankle injury, are overweight, or are simply nervous. Uneven pavement, poor lighting, and inappropriate footwear are all legitimate grounds for challenging results.
North Carolina law does not require you to perform field sobriety tests. Refusing them cannot be used as evidence of guilt at trial. If you did perform them, we will obtain the officer’s dashcam and bodycam footage and compare it against the standardized NHTSA instructions the officer is required to follow precisely. Any deviation is a challenge.
North Carolina operates under implied consent law, meaning that by driving on a public road you have already consented to a chemical test if lawfully arrested for DWI. However, this does not mean you have no rights — it means understanding them before you get behind the wheel.
If an officer requests a breath test using the Intoxilyzer EC/IR II — the machine used throughout Craven and Carteret Counties — you have the right to contact an attorney before deciding whether to submit. You must be given a reasonable opportunity to reach one. If that opportunity is denied, it can affect the admissibility of your test results.
You also have the right to request a second, independent chemical test at your own expense. This matters because breath test machines require regular calibration, and the results can be challenged if proper maintenance records are not kept. Blood draws introduce an additional layer — the chain of custody must be documented from the moment the sample is taken to the moment it is analyzed in the lab. Any break in that chain is grounds for a challenge.
Refusing a breath test carries an automatic 12-month civil license revocation under N.C.G.S. § 20-16.2 — separate from any criminal conviction. However, in some cases refusal may still be the right strategic decision. This is a call best made with an attorney, which is why exercising your right to call one immediately after arrest is critical.
Law enforcement in Craven and Carteret Counties routinely conducts sobriety checkpoints, particularly on weekends and around holidays. While checkpoints are legal in North Carolina, they must follow strict constitutional guidelines to be valid.
A checkpoint must be established under a written supervisory plan prepared in advance. Officers cannot randomly select which vehicles to stop — the plan must define a neutral formula, such as stopping every vehicle or every third vehicle. The checkpoint must be reasonably visible, with adequate warning, and the delay to motorists must be minimal. If any of these procedural requirements were not followed, evidence gathered at the checkpoint may be suppressible.
You have the right to turn around and avoid a checkpoint before reaching it, provided you do not commit a traffic violation in doing so. You are not required to answer questions beyond providing your license, registration, and proof of insurance. If the stop produces an arrest, everything from that point forward — the field sobriety tests, any breath test, statements you made — is subject to the same challenges that apply in any DWI case.
North Carolina operates under implied consent law, meaning that by driving on a public road you have already consented to a chemical test if lawfully arrested for DWI. However, this does not mean you have no rights — it means understanding them before you get behind the wheel.
If an officer requests a breath test using the Intoxilyzer EC/IR II — the machine used throughout Craven and Carteret Counties — you have the right to contact an attorney before deciding whether to submit. You must be given a reasonable opportunity to reach one. If that opportunity is denied, it can affect the admissibility of your test results.
You also have the right to request a second, independent chemical test at your own expense. This matters because breath test machines require regular calibration, and the results can be challenged if proper maintenance records are not kept. Blood draws introduce an additional layer — the chain of custody must be documented from the moment the sample is taken to the moment it is analyzed in the lab. Any break in that chain is grounds for a challenge.
Refusing a breath test carries an automatic 12-month civil license revocation under N.C.G.S. § 20-16.2 — separate from any criminal conviction. However, in some cases refusal may still be the right strategic decision. This is a call best made with an attorney, which is why exercising your right to call one immediately after arrest is critical.
DWIs in North Carolina are misdemeanor offenses of five different levels of severity. The judge determines which level applies by analyzing your case for the presence of:
A DWI arrest in North Carolina triggers two separate processes: the criminal case and a civil license action. Understanding the timeline of each helps you protect your driving privileges as quickly as possible.
At the moment of your arrest, if you either fail a breath test or refuse one, the officer will revoke your license on the spot for 30 days under a pre-trial civil revocation. This is separate from any criminal penalty and happens before you ever see a judge. After 10 days of that 30-day revocation, you may be eligible to apply for a limited driving privilege — a restricted license that allows you to drive for work, school, and essential purposes.
If you are ultimately convicted, the revocation period depends on your DWI level. A first offense at any level triggers at least a one-year revocation. A second offense within three years triggers a four-year revocation. A third offense within seven years can result in permanent revocation. Limited driving privileges may be available during the revocation period in some cases, subject to conditions including an ignition interlock device requirement for higher-level offenses.
The window to challenge a civil revocation is narrow and runs on a different track than your criminal defense. Contacting our office immediately after an arrest — not after your first court date — gives us the best opportunity to protect both your license and your case.
As your advocate, our job is to bring all pertinent facts to the court’s attention so that mitigating factors become obvious and doubt is placed on the existence of aggravating factors. We work tirelessly to provide the aggressive defense you need.
Strong defense counsel is crucial to obtaining a positive result in a drunk driving case because sentences range widely. If you are a multiple offender or are involved in an auto accident, you could face felony charges and years of incarceration. In other instances, we can negotiate a plea agreement that results only in a fine, community service or license suspension. As soon as you contact us, we will advise you about any aggravating factors and mitigating factors in your case and press for a favorable resolution.
Please call 252-636-3737 or contact us online to schedule a meeting at one of our offices, conveniently located in New Bern and Morehead City.
