Habitual DWI Lawyer in Raleigh North Carolina

Habitual DWI Raleigh North Carolina

In North Carolina, habitual impaired driving, also known as Habitual DWI (driving while impaired) is an extremely serious offense. With out-of-state record checks revealing more prior convictions outside of North Carolina, habitual impaired driving charges are on the rise in North Carolina. In 2011 over 400 Habitual DWI / DUI charges were filed in North Carolina.  There were undoubtedly more DWI / DUI charges that could have been charged as Habitual Impaired Driving in Wake County, but were not filed because of prosecutorial discretion or because prior DWI / DUI charges were not discovered by the Wake County District Attorney.

Elements of Habitual DWI / DUI North Carolina

In order to prove habitual impaired driving, the district attorney must show:

  • -          The defendant was driving
  • -           A vehicle;
  • -          On a public highway;
  • -          While impaired; AND
  • -          Has at least three prior convictions of impaired driving within the 10 years prior to the date of offense of the current impaired driving charge.

N.C.G.S. § 138.5.  The Habitual DWI / DUI is really just proving the normal elements of a DWI / DUI in North Carolina, with the one additional requirement that the DA show three prior convictions.

Wiley Nickel is a member of the Wake County Academy of Criminal Trial Lawyers

Punishment of Habitual DWI / DUI North Carolina

A habitual DWI / DUI is punishable as a Class F Felony. Habitual impaired driving carries a minimum 1 year jail sentence.  A person convicted of Habitual DWI / DUI will also have their driver’s license permanently revoked by the North Carolina Division of Motor Vehicles (NC DMV).

We Are Proud to Be Your North Carolina DWI / DUI Center with our centrally located office in Cary, NC.

Putting forth the best defense often requires looking at your case from the State’s perspective.  The State has very little discretion to dismiss DUI cases so there is little for you to do except try your case and ensure that the State can prove your guilt beyond a reasonable doubt (which is a very high bar).

Our Raleigh Habitual DUI Lawyer leaves no stone unturned in the search for evidence helpful to your defense, which can include:

  • -          Speaking to the investigating officer
  • -          Obtaining police reports
  • -          Locating and investigating witnesses
  • -          Obtaining photographs of the arrest scene
  • -          Reviewing relevant medical records
  • -          Examining available police video evidence

 

At The Law Offices of Wiley Nickel, PLLC our DWI attorney will personally meet with you from the very beginning of the attorney-client relationship. We believe that effective DWI / DUI representation cannot be accomplished without excellent client communication. At any time during or after your case, we can meet with you to discuss your DWI / DUI charge. Our Raleigh North Carolina DWI / DUI team will keep you apprised of all developments in your case.

Contact Us

Our office is centrally located in Cary, NC.  If you have been charged with Habitual DWI / DUI in North Carolina, your first step should be to CALL US NOW. We have an attorney on- call 24/7 to speak with you about your case.  You can reach us at 919-585-1486 or by e-mail at wiley@wileynickel.com

 

 

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Wiley Nickel

Wiley Nickel lives and works in Cary, North Carolina. In 1998, he graduated from Tulane University with a major in Political Science and a minor in History. After college Wiley went to work for Al Gore and travelled with the Vice President as part of his national advance staff. Following the Gore campaign he earned his law degree from the Pepperdine University School of Law in 2005. While in law school Wiley worked as a law clerk in the Ventura County District Attorney’s Office where he gained valuable criminal trial experience before taking and passing the California bar exam. His first job out of law school was for the Merced County District Attorney’s Office where he worked as a Deputy District Attorney with a focus on prosecuting DWI offenders. Wiley later joined the Law Offices of Joseph Uremovic where he focused on civil litigation and family law. When the opportunity came to join the Obama campaign in 2008 Wiley jumped at the chance. He spent three years travelling with President Obama as a member of his national advance team. In 2011 Wiley left his work for the White House to return to the practice of law. Wiley devotes the majority of his practice to the areas of criminal law, family law, traffic tickets and DMV issues. The Law Offices of Wiley Nickel was started with the goal of providing the best representation possible for all of his clients. Experienced, Compassionate, Aggressive Criminal Defense While defense attorney Wiley Nickel works as the primary attorney for all of his cases, he does have an associate attorney, a team of investigators, forensic consultants, and support staff to call on to help achieve the best possible result in every case. He limits his case load so that he can focus on providing the best possible legal defense to all of his clients. Every case is a top priority and the goal is to have your case dismissed with a focus on being able to expunge your charges at the end of the process. When he is not working, Wiley is an avid family man, distance runner and golfer. He loves North Carolina college sports and is hoping this is the year for Cam Newton and the Carolina Panthers. Wiley is licensed to practice law in North Carolina and California.