Raleigh DUI Lawyer

Raleigh DUI Lawyer Wiley Nickel

Experienced & Trustworthy Wake County Defense Lawyer

Attorney Wiley Nickel is a dedicated Raleigh DUI Lawyer with a reputation for successfully representing clients who have been charged with DUI and DWI related offenses.

When facing DUI charges, your long-term future is at stake. It’s important that you have representation from an attorney with proven results and experience in Wake County. You need an attorney who will give your case the full attention and focus it needs to avoid a conviction.

Contact The Law Offices of Wiley Nickel for a FREE consultation today!

Fighting DWI / DUI Charges in North Carolina?

Attorneys Wiley Nickel, Kristi Haddock and Melissa Botiglione help clients facing North Carolina DWI charges. They are accessible and active for their clients throughout the entire DUI process. From examining the results of your breath & blood tests and field sobriety tests, you can rely on the Law Offices of Wiley Nickel to provide you with professional and aggressive legal representation. It does not matter how serious the case is, our team will defend a felony DUI or first time DUI.

Searching for a DUI lawyer in Raleigh?

Getting arrested for a DUI can be a frightening situation, especially when you face the possibility of license suspension and jail time. A conviction can lead to serious consequences that can follow you for years to come. It is always best to retain the services of a Raleigh DUI attorney with extensive experience in order to ensure you have increased the possibility of getting a favorable outcome.

With fines, possible jail time, license suspension, you need to move fast and retain a trusted Raleigh DWI attorney with a proven record in Wake County.

The firm offers reasonable rates and payment plans, and a DUI lawyer who will listen to your needs. Our Team can help you determine whether you should go to trial or simply work out a plea deal. The DWI Team at The Law Offices of Wiley Nickel is exceptionally well-versed in DWI laws in North Carolina and stays on top of any legislative changes or case laws that could affect your case. Contact us at 919-585-1486 for a free consultation today.  You can call the number or send us a text message to get an immediate response.

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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.

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.

North Carolina Driver’s License Restrictions for those Convicted of DWI

When the North Carolina Division of Motor Vehicles (DMV) restores a person’s North Carolina driver’s license after it has been revoked for DWI the license is restored subject to certain specific conditions for BAC and ignition interlock. (See Do I have to get interlock if I have a DWI? for more info)

First Time DWI in North Carolina

If your license was revoked for impaired driving and this is the first time your license has been restored your license is restored subject to the condition that you not operate a vehicle with a blood alcohol concentration (BAC) of 0.04 at any time after driving. 

If your license was revoked for DWI under 21, your license is restored subject to the condition that you not operate a vehicle with a blood alcohol concentration of 0.00 at any time after driving. 

As part of getting your license back you must agree to submit to a chemical analysis (breath, blood or urine test) at the request of a law enforcement officer who has reasonable grounds to believe that you are operating a motor vehicle in violation of your license restrictions. You must also agree to be transported by the law enforcement officer upon his/her request to the place where a chemical analysis can be administered.  Unfortunately the law says that driving is a privilege, not a right so they can do this sort of stuff post-DWI conviction.

If you drive in violation of license restriction that is the equivalent of operating a motor vehicle without a license.  So if you blow above the 0.04 (or 0.00 depending on your respective driving conditions) you commit the offense of failure to comply with a license restriction which is a Class 3 criminal misdemeanor in North Carolina.  The police must complete an affidavit indicating the restriction was violated and then mail the affidavit to DMV. Upon receipt of a properly executed affidavit the NC DMV must notify you that your driver’s license is revoked for one year.

Ignition Interlock Violation Penalties

In addition to imposing alcohol concentration BAC restrictions the NC DMV must require ignition interlock for drivers whose licenses are restored following a conviction for impaired driving if:

  • You had an alcohol concentration of 0.15 or more.
  • You were convicted of a second offense of DWI, which happened within seven years of the offense for which your license was revoked; or
  • You were sentenced to an Aggravated Level One DWI.

An ignition interlock restriction requires the following:

  • You may operate only a vehicle that is equipped with ignition interlock.
  • You must personally activate the ignition interlock system before driving the motor vehicle.  So obviously someone else can’t blow into the ignition interlock for you.
  • You have an alcohol concentration restriction of 0.04 or 0.00 depending on the facts of your case.

If you violate an ignition interlock restriction you commit the offense of driving while license revoked for impaired driving (DWLR).  This is a Class 1 Misdemeanor in North Carolina.  If a magistrate finds probable cause for driving while license revoked based on an ignition interlock violation, the magistrate must notify you that your license is suspended pending the resolution of the case and must require you to surrender you license.  The magistrate must also inform you that you are not entitled to drive until the case is resolved.

Contact a Wake County DWI Lawyer

If you violated a BAC condition or an ignition interlock condition as part of your post-DWI driving privilege please contact The Law Offices of Wiley Nickel for a free consultation.  Raleigh DWI Lawyer Wiley Nickel handles DWI cases and DMV issues in the Wake County, North Carolina area.  Our office is located in Cary, NC and our office number is 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.

Do I Have to Comply at a DWI Checkpoint?

DWI-Checkpoint-Wake-County

DWI checkpoints in North Carolina may seem like they infringe on your Fourth Amendment rights to be free from unreasonable searches seizures. However, the United States Supreme Court held in the 1990 case of Michgan Dept. of State Police vs. Sitz that checkpoints are in fact constitutional. Essentially, the court found that the benefit of stopping drunk drivers was greater than the burden of temporarily stopping drivers who went through the checkpoint.

You may find yourself in a line of cars one night waiting for an officer to briefly speak to you. When the officer approaches your car, you should roll down the window to hand the officer your driver’s license and registration if it is requested. If the officer suspects that you have been drinking or that there is a motor vehicle violation, she may ask you to pull over for further investigation. You do not have to answer any questions she asks you, such as if you have been drinking or where you are coming from.  If the officer has reasonable suspicion that you have been drinking, she may ask you to perform roadside sobriety tests, such as the one-legged stand, the walk and turn, or the HGN test. You do not have to do these tests, but your refusal to do so can be used against you in court. But, without results from these tests, the State will have to overcome the burden that the officer had probable cause to arrest you.

Even without these tests, if the officer believes you are too impaired to drive, she may arrest you. She will then ask you to step into an onsite bus to submit to a breathalyzer test. If you refuse to take this test, you will lose your license for one year in North Carolina. However, you have the right to request that someone be present with you at the test to witness it. The officer will allow the person 30 minutes to arrive before giving the test. If the person does not arrive after 30 minutes, the officer will go on with the test.

If you have been arrested for driving while intoxicated due to a checkpoint stop, contact The Law Offices of Wiley Nickel to discuss how we can help with your case. The Law Offices of Wiley Nickel, PLLC is located in Cary, NC near Harrison Avenue and Weston Parkway. For a free consultation call attorney Wiley Nickel or attorney Kristi Haddock at 919-585-1486 or email at wiley@wileynickel.com or kristi@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.

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.

Do I Have to Get Interlock if I Have a DWI?

Wake-County-DWI-Interlock

If you have been convicted of a DWI in North Carolina, you may be required to get Interlock installed in your vehicle before you are allowed to drive again. Interlock is a device that requires the user to blow into a tube. The user will not be allowed to start the car unless the device registers no alcohol on the user’s breath. Furthermore, the user must be the one convicted of the DWI – it is against the law to have someone else blow!

If you have recently been arrested for a DWI in Wake County, you need to know your rights and how to best handle your case so you can still drive for work. In some cases, you will not need to have Interlock installed to have a limited driving privilege. Under current North Carolina law, Interlock is required if you are convicted with a blood alcohol content (BAC) of .15 or greater, or have been convicted of a second DWI offense. Contact The Law Offices of Wiley Nickel at (919) 585-1486 to talk to an attorney about how we can help you with your DWI case in Wake County.

The State of North Carolina has the burden to prove that you were driving while intoxicated beyond the legal limit. Having an experienced attorney on your side may help you receive the best outcome for your case. Email us at wiley@wileynickel.com for a free consultation about 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.

Labor Day and DWIs: What You Need to Know

The unofficial end of summer is already this coming Monday, and with that comes beer, BBQs, and the beach. As you know, law enforcement officers in North Carolina tend to increase their patrol over NC roads, which can lead to a greater chance of being pulled over for speeding and for DWIs.

What’s the best way to beat a DWI? Obviously, don’t drive after you have been drinking. North Carolina is notoriously tough with drunk driving charges. Before you put the keys in the ignition, consider calling an Uber or taxi.

If you do find yourself with a DWI charge after Labor Day weekend, you should contact an attorney as soon as possible. In Wake County, all DWIs are for trial or for plea. DWIs are rarely, if almost never, dismissed at the will of the District Attorney. The Law Offices of Wiley Nickel have handled many DWIs in Wake County and can help navigate you through the process to mitigate damages to your reputation and bank account.

A DWI isn’t something you should ever handle on your own. Contact Wiley Nickel or Kristi Haddock at (919) 585-1486 to discuss how we can help you with your traffic charges. 

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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.

Prayer For Judgement (PJC)

  • What is a Prayer for Judgement?
    • A Prayer for Judgement, or PJC, is something that is unique to North Carolina that only a judge can grant. Basically, this allows you to plead guilty to a crime, without having the plea entered against you, and you will only have to pay the costs of court, no other fines or fees. Typically, these are reserved for traffic violations or petty misdemeanors.
  • What’s the catch?

    • A judge cannot grant a PJC on a speeding ticket over 15 mph, or a DWI.

    • You’re pleading guilty before your PJC is approved. Many times, defendants will go to court without an attorney and attempt to use their PJC. The prosecutor may tell you that they’re not against it, but the judge will have to approve of this, and by doing so, you’ve already pre-admitted to guilt and the judge might not be able to grant your PJC.

    • The DMV and insurance policies have their own policies regarding PJCs.

      • The DMV will only recognize two PJCs every five years.

      • Insurance policies will only recognize one PJC every three years.

  • Advice while considering a PJC...

    • Save your PJC! Each county has different policies, some will reduce speeding tickets or make you attend traffic school, it is best to not use a PJC here.

    • Be careful while trying to use a PJC, it is best to get an attorney so that you don’t admit to guilt for something you cannot use your PJC on, or something you could get reduced charges on. Save your record and your future by hiring an attorney.
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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.

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