A DWI Charge Does Not Mean You’re Guilty. When Your Future Is At Stake An Experience DWI Attorney Makes Your Rights A Priority

Raleigh DWI Lawyer

Driving while impaired (DWI) is the official criminal charge for people accused of driving under the influence (DUI) in Wake County North Carolina. Regardless of its name, a DWI is a serious offense that could ruin your career and your personal life.  North Carolina laws do not allow for expungement of DWI convictions so a conviction cannot be removed from your record. With penalties including steep fines, the loss of your driver’s license, massive insurance hikes, long periods of probation, and even the possibility of time behind bars, the mistake people usually make when facing a DWI in North Carolina is taking the situation too lightly or casually accepting a guilty plea without consulting an experienced DWI attorney about the North Carolina DWI/criminal justice process.

You may believe that it’s in your best interest to cooperate with the Wake County District Attorney’s Office because you may think you’re guilty just by being charged, but the truth is that you need to look out for yourself. By working with a highly-skilled Raleigh DWI lawyer, you can ensure your case is appropriately handled and you get the best possible outcome for your Raleigh DWI. This could mean a complete dismissal of the charge, an acquittal, or reducing the offense to something more consistent with the facts.

At The Law Offices of Wiley Nickel, PLLC, our criminal defense lawyers realize that dealing with a DWI is frightening and extremely stressful, but you don’t need to go through it alone. Our DWI attorneys have assisted countless individuals when DWI charges put their futures at risk. We know what it takes to fight back and to win.

To learn more about how our Raleigh DWI lawyers can help with your DWI case, call us right away at (919) 585-1486 or contact us through our online form to schedule a free and confidential consultation.  Our office is located in Cary, NC and we’re available to talk during the weekend and after hours.  The answering service can always reach one of our three DWI lawyers at the law firm.

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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.

Arrested for DWI in Raleigh? Protect Your Rights and Let A DWI Defense Attorney Fight Your Charges

Raleigh DWI Lawyer Wiley Nickel

People get behind the wheel after drinking for many reasons. In some cases, the driver didn’t even realize he or she was impaired, or thought enough time had passed and he or she was safe to drive. Sometimes, a person just makes a bad choice. Regardless of what led to the arrest, facing driving while impaired (DWI) charges in North Carolina is a serious matter, even if it’s your first run in with the law. If you have been charged with drunk driving, however, there may be legal options available to help you minimize the negative consequences and move forward with your life.  We can talk right away for many clients about getting a limited driving privilege.

The lawyers at the Law Offices of Wiley Nickel, PLLC are here to help you. Wiley Nickel, Kristi Haddock and Melissa Botiglione represent individuals charged with a DWI and have helped achieve outcomes that meet their personal and legal goals. Their years of experience makes them uniquely prepared to offer effective guidance and form a plan that will help mitigate your situation. If you are facing a drunk driving charge, call our Wake County office today at (919) 585-1486 to learn more about how we can help you protect your rights and your future.

If You Have Been Arrested for DWI in the Raleigh Area, We Can Help You. 

There are many factors to consider when facing a DWI charge in North Carolina. The legal team at The Law Offices of Wiley Nickel, PLLC understands just how important each of the personal, social, financial, employment and criminal repercussions can be for each of our clients. Whether it’s a misdemeanor or felony case, we will put our experience and knowledge to work for you, seeking the best possible outcome to help you move forward from this frustrating and scary charge. If you or someone you love has been charged with DWI, call our Cary office today at (919) 585-1486 to speak with a Raleigh DWI Defense Attorney about your unique case. If you prefer, take a moment to fill out our online contact form on the right for a prompt response from a member of our legal team.

Whether it's your 1st offense or a repeat offense, let us help you protect your rights and minimize any negative consequences. When you reach out to us, you can expect to get answers to all of your questions and honest legal advice about your specific situation during a free consultation.  Our office is located in Cary, NC and we handle DUI and DWI charges in Wake County, North Carolina.

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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.

Choosing the wrong craft beer could lead to a North Carolina DWI

Choosing the wrong craft beer could lead to a North Carolina DWI

Not every beer is created equal. As many have noticed, Craft Breweries are popping up all over the triangle, it’s a booming industry growing every day taking over 12% of the market share of the overall beer industry. Most of these unique breweries are selling craft beers which have a higher percentage of alcohol than the beers you buy in the store.  

More sophisticated beer drinkers today than yesteryear...means a higher % ABV

Historically US beer drinkers have preferred a lighter lager type beer like Budweiser or Bud Light which still remains one of the top sellers in the US. The American beer palate has been shifting to a more sophisticated beer with unique and high quality flavors. Along with this unique taste comes a higher ABV (alcohol by volume). As the passion for craft beers keeps growing so is the percentage of alcohol per beer. Most craft beers range from 5-10% ABV (alcohol by volume), but some craft beers can reach 20%, 30%, and even 40% ABV! Click here. Compare this to the 2.5% ABV in Budweiser Select 55 and Miller Genuine Draft Light.

A craft beer can equal 3-4 cans of a regular ol’ beer like Coors

So when you walk out of your favorite new brewery and think you've only had 2 beers, it might be quite deceiving. Driving home after 1 beer can seem reasonable but not when that 1 beer has an ABV of 10% or 20%.

Arm yourself with some info, BEFORE you order that black IPA

Information is knowledge, so when you order your next craft beer ask about the ABV content. In most craft brewpubs, the ABV is also listed on the boards where they have all the beer options.

Contact a Raleigh DWI Lawyer. If you have been charged with a DWI in Wake County, North Carolina Attorney Kristi Haddock and Attorney Wiley Nickel are here to help. They offer free consultations. You can reach the Law offices of Wiley Nickel at 919-585- 1486.

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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.

Can I Be Charged With a DWI If I Haven’t Been Drinking?

Wake-County-DWI

Alcohol does not necessarily need to be involved to be charged and convicted with a DWI in North Carolina. Based on NCGS 20-138.1, “a person commits the offense of impaired driving if he drives any vehicle upon any highway, any street, or any public vehicular area within this State . . . while under the influence of an impairing substance.”

According to Shea Denning of the UNC School of Government, an impairing substance can be alcohol or a controlled substances, including illegal and legal drugs. Essentially, any drug that impairs one’s ability to drive can be considered an impairing substance.

These substances may not necessarily register on a breathalyzer, but North Carolina officers can still arrest you if they suspect that you are under the influence of an impairing substance. Instead of requiring a breath sample, the officer may request a blood sample. If you refuse to give one, the officer may apply for a warrant to take blood. In some situations, blood may even be taken without a warrant if the officer can prove exigent circumstances existed.

If you have been charged with a DWI in Wake County, contact The Law Offices of Wiley Nickel in Cary, NC, for a free consultation. Our office is conveniently located off of the Harrison Ave. exit of I-40 on Weston Parkway. We serve all areas of Wake County, including Raleigh, Cary, Apex, and Wake Forest. Call us at (919) 585-1486 for more information about how we can help you with your DWI case. 

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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.

Get your license back after multiple DWI Convictions in North Carolina

If you are convicted of a second North Carolina DWI within 3 years, you face a 4 year suspension of your driver’s license, as mandated by the Department of Motor Vehicles. However, after 2 years you qualify for a discretionary restoration hearing. The hearing process is quiet lengthy, and when your license is suspended every day counts!

First, ahead of your eligibility date (2 years since your conviction), you may request a “pre-hearing interview.” At this pre-hearing meeting you and your attorney will meet with DMV officer to review what is expected before the restoration hearing is scheduled.

After your pre-hearing interview, you will have a short 90 days to get an FBI background check, a substance abuse evaluation conducted by a certified evaluator who is on the recommended DMV list, get applicable criminal background checks and DMV records, and solidify at least 3 witnesses willing to testify at your restoration hearing.

Once the DMV officer receives all of the required paperwork, a hearing date will be set. At the hearing you must have at least 3 witnesses who will testify on your behalf.  These witnesses are very important to the process and need to be fully prepared for the questioning.

Attorney’s Kristi Haddock and Wiley Nickel are ready to guide you through this process. When your ability to drive is at stake, you cannot afford to cut corners. Call our office for a free consultation today at 919-585-1486.  Our office is located in Cary, North Carolina.

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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.

North Carolina DWI Myths & Bad Advice

You’ve likely heard the different myths and urban legends about avoiding a driving while under the influence offense: putting a penny under your tongue will disrupt the Breathalyzer; gum will hide the odor of alcohol; if a cop doesn’t wear his hat the charge is invalid. Are any of these true?

 

 

    No, they are not. You cannot beat a DWI by eating peanut butter, by asking to see the officer’s badge, or by drinking mouthwash. In fact, many of these can actually hurt you. For example, if you are pulled over for drinking under the influence and it is obvious to the officer that you recently popped a mint or piece of gum, this could be a factor considered if the officer decides to arrest you for driving while intoxicated.

 

    There are methods that can help you beat a DWI though. If you are stopped for a DWI in North Carolina, you have the right to refuse roadside standard field sobriety tests, such as the walk-and-turn and the one-legged stand. You are even allowed to refuse the portable breathalyzer test (PBT) given by your car at the road-side. However, do know that if you refuse the actual breathalyzer test given at the police station or refuse to give blood, your license will automatically be suspended for one year.

 

    If you are pulled over and charged with a DWI in Wake County, North Carolina, contact The Law Offices of Wiley Nickel, PLLC, to talk to us about your case. We can be reached in Cary, NC at (919) 585-1486 or you can contact DWI Lawyer Wiley Nickel directly 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.

WHAT SHOULD I DO IF I’M STOPPED FOR A DWI IN RALEIGH NC?

How to avoid a Wake County DWI during the 2014 December Christmas Holiday. Top Seven Things to Avoid a DWI and what to do if you are pulled over for suspicion of DWI.
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Refused to Blow? Couldn’t Get Enough Breath into the Intoxilyzer 500? North Carolina DWI Refusal Hearings: How They Work.

Do you have a DWI Refusal Hearing?

If you were charged with DWI and did not blow into the Intoxilyzer 500 at the station you have the right to a hearing in front of a DMV Hearing Officer.  Often we hear from clients who attempted to blow into the machine but couldn’t summon enough breath to do so.

How It Works

So lets talk about the process.  You’ve just been arrested for suspicion of DUI/DWI and have been taken down to the chemical analyst to blow into the Intoxilyzer 5000 (the breathalyzer test North Carolina police or sheriffs use). You are nervous, upset, and now you must produce a good breath sample for the officer and chemical analyst who are watching you very closely. What happens if you try, but can’t blow? Your license can be revoked for refusing and your privilege to drive can be taken away for a year.  Additionally, if you are convicted of DWI, you must wait for six months before you are eligible for a limited driving privilege.

Medical Reasons?  Didn’t Understand the Instructions?

There may be valid medical reasons that someone cannot blow into the Breathalyzer at the jail. At The Law Offices of Wiley Nickel, we will provide options for fighting your refusal revocation, and we can represent you at that hearing.  It is important to call us immediately because your right to request a hearing expires quickly and you must request the hearing as soon as possible.

The Hearing

The hearingtakes place at a DMV Office.  It’s a process much like being in front of a judge except it’s before a DMV officer.  Usually it’s just in a small office.  The hearing is recorded and you can present evidence on your behalf.

If you have further questions contact DWI Defense Attorney Wiley Nickel ay 919-585-1486 for a free consultation to discuss your DWI Hearing.  DWI lawyer Wiley Nickel helps people throughout Wake County, North Carolina and handles criminal and traffic offenses arising out of the following cities: Morrisville, New Hope, Apex, Knightdale, Raleigh, Rolesville, Holly Springs, Cary, Wake Forest, Garner, Wendell, Fuquay-Varina and Zebulon.

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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.

What is a Baby DWI in North Carolina?

A “baby DWI” is a DWI or DUI charge where the driver is (1) under 21 and (2) under the legal limit BAC of 0.08.  If you’re under 21 years old and are stopped by police in North Carolina on a suspicion of driving under the influence, you are likely to be charged with at least two crimes.

The first charge will be “Driving After Consuming Under the Age of 21” also known as a “Baby DWI” (N.C.G.S. 20-138.3).  The second charge will probably be a regular Driving While Impaired (the adult DWI) (N.C.G.S. 20-138.1) assuming you are over the limit of 0.08.  For more information on how adult DWI’s work click here.

NC Baby DWI Lawyer Information

A baby DWI only applies to people who are under the age of 21.  A baby DWI makes it a criminal act to have any impairment of any level of alcohol if someone under 21 is driving a vehicle. This is North Carolina’s version of a “zero tolerance” policy.

You can be convicted of the Baby DWI if you blew a .01, even though you weren’t appreciably impaired for the purposes of the adult DWI. The Baby DWI is much stricter in terms of proof of alcohol consumption as it permits no alcohol in your system (unless the substance was prescribed by a doctor).  The police simply need to show that you had alcohol in your system.

Punishment

A Baby DWI is punished as a Class 2 misdemeanor which is much lower than an adult DWI. In addition, while your driver’s license is revoked upon a charge of a baby DWI, you are eligible for limited driving privileges, provided you are not also convicted of the adult DWI.

The Good News

The good news is that if your alcohol consumption was very low (0.03 or lower) you have the possibility of receiving a PJC from the judge provided you have a clean record and follow some recommendations from your DWI lawyer.  A substance abuse assessment is a good idea among others.  Provided this was your first offense you may also be eligible for a limited driving privilege during the time of your revocation.

If you were charged with a baby DUI or driving under the influence of alcohol under the age of 21 you can call The Law Offices of Wiley Nickel at 919-585-1486 for a free consultation.  We handle criminal cases in Wake County, North Carolina from our law office located in Cary. 

 

The Fine Print Courtesy of the North Carolina State Legislature

§ 20-138.3.  Driving by person less than 21 years old after consuming alcohol or drugs.

(a)        Offense. - It is unlawful for a person less than 21 years old to drive a motor vehicle on a highway or public vehicular area while consuming alcohol or at any time while he has remaining in his body any alcohol or controlled substance previously consumed, but a person less than 21 years old does not violate this section if he drives with a controlled substance in his body which was lawfully obtained and taken in therapeutically appropriate amounts.

(b)        Subject to Implied-Consent Law. - An offense under this section is an alcohol-related offense subject to the implied-consent provisions of G.S. 20-16.2.

(b1)      Odor Insufficient. - The odor of an alcoholic beverage on the breath of the driver is insufficient evidence by itself to prove beyond a reasonable doubt that alcohol was remaining in the driver's body in violation of this section unless the driver was offered an alcohol screening test or chemical analysis and refused to provide all required samples of breath or blood for analysis.

(b2)      Alcohol Screening Test. - Notwithstanding any other provision of law, an alcohol screening test may be administered to a driver suspected of violation of subsection (a) of this section, and the results of an alcohol screening test or the driver's refusal to submit may be used by a law enforcement officer, a court, or an administrative agency in determining if alcohol was present in the driver's body. No alcohol screening tests are valid under this section unless the device used is one approved by the Department of Health and Human Services, and the screening test is conducted in accordance with the applicable regulations of the Department as to its manner and use.

(c)        Punishment; Effect When Impaired Driving Offense Also Charged. - The offense in this section is a Class 2 misdemeanor. It is not, in any circumstances, a lesser included offense of impaired driving under G.S. 20-138.1, but if a person is convicted under this section and of an offense involving impaired driving arising out of the same transaction, the aggregate punishment imposed by the court may not exceed the maximum applicable to the offense involving impaired driving, and any minimum punishment applicable shall be imposed.

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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.

Cary NC Police Officer Charged with DWI

A senior officer in the Cary Police Department resigned her job after an arrest in July on charges she was driving while impaired.

Tiffany Dawn Silsbee, sideswiped four vehicles along Raleigh's Boylan Avenue, according to the police.  After the crash it was reported that she had a .09 blood alcohol content.  A Town of Cary spokesperson said Silsbee resigned from the force after her arrest.

Ms. Silsbee was the chemical analyst for many DWI cases in Wake County.  If you were charged with a DWI in Cary, NC our office will certainly check to see if she was the chemical analyst for your case.

See the link on the WRAL site for more information.

If you were charged with a DWI in Cary, North Carolina call our office at 919-585-1486 for a free consultation with a Wake COunty DWI lawyer.  We are conveniently located in Cary, North Carolina by exit 289 on I-40 near the SAS campus and Umstead hotel.  Our office is located at 2401 Weston Parkway in Cary.

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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.

New DWI Unit will Focus on Downtown Raleigh

A new DWI unit will be formed to deal with DWI cases in downtown Raleigh.  Hit this link to the News & Observer story.

The Raleigh PD has created a new unit to focus just on DWI cases. DWI arrests are projected to increase from about 1500 per year to over 2000 per year – creating a bonanza for both public safety officers specializing in DWI defense and creating a larger number of DWI arrests in Wake County. The unit will be funded by a half million dollar federal grant.

 

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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.