You Are Not Guilty of DWI, Unless the State Can Prove It!

You are innocent until proven guilty, which means the burden is on the State of North Carolina to prove every element of a crime.

A person is guilty of Driving While Impaired (DWI) if they:

(1)    Drive

(2)    A vehicle

(3)    On a street, highway, or public vehicular area


a.       while under the influence of an impairing substance,

b.      after consuming a sufficient quantity of alcohol that the person has an alcohol concentration of 0.08 or more at any relevant time after driving OR

c.       with any amount of a Schedule I controlled substance or its metabolites in his or her blood or urine

It is not enough for the State to simply prove that you were impaired. They must also prove that you were driving while you were impaired. The driving element can be tricky to prove if you were involved in a single car accident. Often, by the time the officers respond to a single car accident the driver is already out of the car and sometimes there are no witnesses of the driving.

If you were involved in an accident, or were charged with DWI at a time after you left your vehicle, the attorneys at The Law Offices of Wiley Nickel, PLLC can help. We will fight for you and will force the State to prove every element, or dismiss your case. If you would like a free consultation, call attorney Kristi Haddock or attorney Wiley Nickel at 919-585-1486. 


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.