IS THE ODOR OF MARIJUANA ENOUGH TO DETAIN, INVESTIGATE, AND SEARCH A PERSON AND THEIR VEHICLE?
According to three recent North Carolina Supreme Court decisions (State v. Dobson, 929 S.E.2d 315; State v. Rowdy, 929 S.E.2d 324; and State v. Schine,
Raleigh DWI Lawyer
If you are charged with a DWI or a DUI in Raleigh, it is imperative that you get a Raleigh DWI lawyer
North Carolina is one of the strictest states in the country with regards to DWI law.
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- Former Prosecutor
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North Carolina is one of the strictest states in the country with regards to DWI law.
Not only do you face the loss of your driver’s license, but prison sentences imposed can be as high as three (3) years and fines can reach up to ten thousand ($10,000.00) dollars. It is important to have a DWI defense lawyer review and advise you on your case.
DWI Legally Defined
A person commits the offense of impaired driving if he/she drives any vehicle upon a highway, a street, or a public vehicular area within this state while under the influence of an impairing substance; or after having consumed sufficient alcohol that he/she has, at any relevant time after the driving, an alcohol concentration of 0.08 or more; or with any amount of a Schedule I controlled substance, or its metabolites in his/her blood or urine. Also referred to as Driving Under the Influence/DUI.
The fact that you are legally entitled to consume a prescribed drug is not considered a defense.
Raleigh DWI Charges We Defend
No two DWI cases are the same. The charges you face, your record and the evidence against you all shape the defense. Attorney Edd K. Roberts III defends every type of impaired driving charge in Raleigh and across Wake County.
First-Offense DWI
A first-offense DWI is still a criminal charge in North Carolina. A conviction brings a one-year license revocation, a permanent criminal record and higher insurance rates. Most first-offense DWI offenders are sentenced at Level 3, 4 or 5, depending on the factors in the case. A first-offense DWI lawyer can challenge the stop, the arrest, breathalyzer procedures, and any other relevant evidence before you plead to anything.
Repeat DWI
A prior DWI conviction within seven years is a grossly aggravating factor. That pushes sentencing to Level 2 or higher, with mandatory jail time. Repeat DWI convictions also bring longer license revocations, and a third conviction can mean permanent revocation. Early, careful review of both the new charge and the prior record matters in minimizing potential punishment and permanent revocation.
Felony and Habitual DWI
Three or more prior DWI convictions within ten years can lead to a charge of habitual DWI. Habitual DWI is a Class F felony with a minimum of 12 months in prison and permanent license revocation. A DWI that causes serious injury or death can also be charged as a felony carrying a substantial active sentence. As a felony DWI lawyer, Edd examines every prior conviction and every piece of evidence the State relies on to bring this more serious charge.
Underage DWI
Drivers under 21 can be charged if they have any alcohol or controlled substance in their system, even below 0.08. A conviction brings a one-year license revocation and can affect school, scholarships and future jobs. Young drivers may also face a separate DWI charge.
Refusal to Submit to a Chemical Test
Refusing a breath or blood test triggers an immediate 30-day revocation and a separate one-year revocation imposed by the NC DMV. A refusal does not guarantee you from keeping law enforcement from getting at this evidence, as they may seek a warrant to draw your blood when you choose not to comply with testing. You have a short window of time to request a DMV refusal hearing when the refusal was not voluntary, so contact a DWI lawyer quickly.
DWI With a Revoked License
Driving while your license is revoked for a prior impaired driving charge is a separate crime. It brings an additional revocation period. If you are charged with DWI while your license is revoked for a prior DWI, that counts as a grossly aggravating factor and subjects you to active jail time.
Ignition Interlock Issues
An ignition interlock device can be required to get your license back, for example after a test result of 0.15 or higher or upon reinstatement of privileges after sustaining a second conviction of DWI within seven years from the first. Missed tests, failed readings, or driving a vehicle without the device can lead to new charges and further extension of the revocation period.
Drug DWI
You can be charged with DWI for impairment by illegal drugs, prescription medication or any amount of a Schedule I substance. A valid prescription is not a defense. These cases often rely on blood tests and Drug Recognition Expert evaluations, both of which can be challenged.
What DWI Clients Are Saying
★★★★★
"Attorney Roberts is now my personal hero! I went to court yesterday for a DWI charge that has been lingering over me since March 2026; Very stressful. During trial, Mr. Roberts was very organized, professional, incredibly thorough, rational, detail oriented and very respectable to the prosecution. In other words, he killed it! I have so much gratitude for the ongoing support that he and his assistant Danielle have given me during this whole time with the process. The support provided was immaculate and I ended up with a suppressed case; Just and fair! It has been an honor to work with this team and I will always recommend them! They are very professional, personable, knowledgeable and just really great and kind people who know what they are doing! -Michael Latimer"
Collins Latimer
Google review
★★★★★
"I'm extremely happy I decided to choose Attorney Roberts to represent me. I was recently arrested for DWI and didn't think there was anything I could do. However, Attorney Roberts was able to work very thoroughly on my case. And the outcome was even better than I could have hoped for. My DWI has now been dismissed! Thank you to Danielle and Attorney Roberts for all of your hard work!"
Brandon J.
Google review
★★★★★
"Edd is a very knowledgeable and proactive attorney. His efforts and experience in law greatly reduced the consequences of my poor choices. Edd and Danielle kept me informed every step of the way and allowed me to focus on getting my life back together. I'd recommend Edd and his staff to anyone in need of their expertise. They are in good hands."
Spencer Prince
Google review
★★★★★
"I had no hope for my case, but attorney Edd Robert's filed a motion that unexpectedly got my case dismissed! I would highly recommend him as your attorney! Daniel, his legal assistant, did a spectacular job communicating with me as clearly as possible. She never hesitated to answer any and all of my questions."
Jayla King
Google review
★★★★★
"Edd Roberts did an outstanding job with my DUI case. The outcome was far better than I could have ever hoped for. My case took a while to resolve but Mr. Roberts was always there when I had any questions; and I never once felt neglected or that my case wasn't important to him. I will be forever grateful for what Mr. Roberts did to help me and my family."
Evan Williams
Google review
★★★★★
"I had a great experience working with Roberts Law Office; very professional and trustworthy!"
Presley W. David
Google review
Past results do not guarantee a similar outcome in any future case.
How Much Does a DWI Lawyer Cost in Raleigh?
Most DWI cases at Roberts Law Office are handled for a minimum fee, quoted after a free consultation. The fee depends on how complex your case is and your prior record. These are typical ranges for Wake County cases:
Case type
Typical fee range
First-offense DWI
$3,500 – $4,000
Repeat DWI offense
$4,000 – $5,000
Felony or habitual DWI
Starting at $5,000
DMV refusal hearing (civil matter)
Starting at $3,500
What affects the fee
• The charge level. A first offense with no aggravating factors takes less work than a repeat offense or felony charge.
• Trial or resolution. Preparing for and taking a case to trial takes far more time than negotiating a plea.
• Motions to suppress. Challenging the stop, the arrest, or the test results adds hearings and preparation.
• DMV matters. A refusal hearing is a civil matter, separate from the criminal case.
• Expert witnesses. Some cases need an independent toxicologist, independent drug recognition expert, or an independent review of breath-test machine records.
• Appeals. A case appealed from District Court to Superior Court is a new trial and additional fees would apply.
The real cost of a DWI conviction
The lawyer's fee is often the smallest cost of a DWI. A conviction can bring fines, court costs, a substance abuse assessment and treatment, an ignition interlock device, and 5 years of higher insurance premiums (a minimum of 400% increase in insurance premiums upon conviction). It can also cost you your job if you drive for work. A strong defense can avoid many if not all of these costs.
Payment plans are available. Ask about your options during your free consultation.
Call (919) 782-8115 for a free consultation and a quote on your case today.
Blog and News
WAS THERE PROBALBE CAUSE FOR YOUR DUI ARREST?
The current North Carolina standard for probable cause in DUI/DWI cases remains the “totality of circumstances” approach. Probable cause is defined as “a reasonable ground
TO BLOW OR NOT (Refusal of the Intoximeter Test)?
Pursuant to N.C.G.S. 20-16.2 (“North Carolina’s Implied Consent law”), once you’ve been arrested for an implied-consent offense, you are presumed to consent to a chemical
Learn More About Your DWI Charge
Can I get out of A DWI charge?
Driving While Impaired (DWI) charges in North Carolina carry significant consequences, including the possibility of jail time, heavy fines, and loss of driving privileges. However, not all DWI charges lead to convictions, particularly when there are suppressible issues involved. Suppression in legal terms refers to the court’s ability to exclude certain evidence from a trial if it was obtained in violation of the defendant’s rights. Understanding these suppressible issues, especially in the context of North Carolina law, is crucial for anyone facing DWI charges.
Suppression of the Traffic Stop
The initial interaction with law enforcement is critical in a DWI case. In North Carolina, police must have a valid reason, known as “reasonable suspicion,” to stop a vehicle. This could include observing a traffic violation or erratic driving. If a traffic stop was made without reasonable suspicion, any evidence obtained as a result of that stop would be suppressible.
When getting pulled over, it is essential to remain calm and polite, but also cautious about what information you provide. You are required to share your license and registration but are not obliged to answer incriminating questions. Politely declining to answer questions or comply with requested field sobriety tests is within your rights.
Suppression of the Arrest
For an arrest to be lawful, the officer must have “probable cause” to believe that you were driving under the influence. This could be based on observations of your physical appearance, behavior, performance on field sobriety tests, or preliminary breath test results. If probable cause was lacking, the arrest itself could be challenged and suppressed.
Suppression of the Blood Alcohol Content or Breathalyzer Results
BAC and breathalyzer results are often pivotal in DWI cases. However, these results can be suppressed if the testing was not conducted according to established legal and procedural standards. This includes ensuring the device was properly calibrated, the test was administered correctly, and the officer had the necessary certification to perform the test. Additionally, the defense can challenge the reliability of the results based on medical conditions or other factors that could affect the accuracy of the results.
In navigating the complexities of DWI charges in Raleigh, North Carolina, and the surrounding areas, having a skilled attorney like Edd Roberts of Roberts Law Office, PA, can be invaluable. With extensive experience in DWI defense, Edd Roberts understands the nuances of North Carolina DWI law and how to effectively challenge evidence that may have been obtained unlawfully.
Roberts Law Office, PA, specializes in identifying suppressible issues in DWI cases, from the legality of the traffic stop and arrest to the accuracy and admissibility of blood alcohol content and breathalyzer results. Their strategic approach focuses on protecting clients’ rights and pursuing the best possible outcomes, whether that means fighting for a case dismissal, reduction of charges, or acquittal at trial.
Understanding your rights and the legal standards that law enforcement must adhere to is the first step in building a defense. With the support of a knowledgeable and experienced DWI attorney like Edd Roberts, individuals facing DWI charges in Raleigh and beyond have a powerful advocate on their side. For anyone navigating these challenging circumstances, reaching out to Roberts Law Office, PA, could be a critical decision in the outcome of their case.
Why were you pulled over and how did it lead to a DWI investigation?
When stopping drivers for suspicion of driving while impaired, the police cannot pull you over at random. Law enforcement must justify the initial stop, with what is called “articulable and reasonable suspicion.” To develop this officers look for a traffic law violation or signs of intoxication to support a traffic stop. Warning signs may initially include speeding, weaving, falling too closely, or failing to signal.
Once the officer approaches your car, they will be looking for further evidence to support conducting a full blown DWI investigation, like the smell of alcohol or other illegal drugs, bloodshot eyes, slurred speech, and other observable indicators of possible impairment. As the officer talks with you, they will be looking inside your car for contraband. Examples of contraband could include empty alcohol containers or drugs. Once there are other indicators of impairment or admission to consumption of alcohol law enforcement will proceed on to having you do roadside tests.
Do I do roadside sobriety test and chemical testing?
If an officer has articulable and reasonable suspicion to believe you are driving while impaired, you may be asked to submit to one or more standardized field sobriety tests (SFSTs). These tests allow an officer to observe your physical ability, cognitive ability, attention level, balance, or other notable observations to help form an opinion that you were driving while impaired.
The three standard FSTs established by the NHTSA which are:
- Horizontal Gaze Nystagmus (HGN) Test
- One-Leg Stand Test
- Walk-and-Turn Test
In North Carolina, you have the right to refuse any field sobriety test requested by a law enforcement officer. This right also extends to the preliminary breathalyzer test (PBT), which is generally requested before arrest. The PBT is often confused with the mandatory breath test. Currently North Carolina’s implied consent law states that a refusal of the breath test, usually conducted in the jail after arrest on a machine called an intoximeter, carries the penalty of revocation of your driver’s license for up to one year. If you decide to take this breath test to avoid that penalty of revocation you are still entitled to ask for a witness to observe this test and be given additional time for them to arrive to do so.
What will be my punishment if convicted of DWI?
Can I get driving privileges after conviction?
Getting Driving Privileges
You are generally allowed by the court driving privileges after your first conviction of DWI and in some instances when you have had one or more prior convictions of DWI depending on the time frame of those convictions. A limited driving privilege is an Order issued in the discretion of the Court for good cause shown granting a person with a revoked driver’s license due to a DWI conviction to drive for essential purposes related to any of the following:
- His/her employment.
- The maintenance of his/her household.
- His/her education.
- His/her court-ordered treatment or assessment.
- Community service ordered as a condition of the person’s probation.
- Emergency medical care.
How do I know if I’m eligible for driving privileges if I have been convicted before for DWI or didn’t have license at the time of arrest?
Eligibility
A person convicted of impaired driving (pursuant to N.C.G.S. 20-138.1) is eligible for a limited driving privilege if:
- They held either a valid driver’s license or a license that had been expired for less than one year at the time of the offense;
- They have not within the preceding seven years from the offense date been convicted of an offense involving impaired driving;
- A level Three, Four, or Five punishment was imposed for the offense of impaired driving;
Subsequent to the offense date he/she has not been convicted of, or had an unresolved charge lodged against him/her for, an offense involving impaired driving; and
The person has obtained and filed with the court a substance abuse assessment.
DWI’s/DUI’s are complex and challenging cases with multiple stages where the accused’s legal rights could be violated. It is important to have a trained and experienced Raleigh DWI/DUI lawyer review every stage of the process in order to make sure that you receive the benefit when corners are cut and your rights have been violated.
Please contact us at [email protected] or give us a call at 919-782-8115 to set up a free consultation.
The information contained in this site is not intended to be legal advice. You should consult a lawyer for advice regarding your specific matter.