Traffic & DWI Defense

DWI Defense Attorney In New Bern, NC

What A DWI Means In North Carolina

A DWI charge alleges impairment by alcohol or drugs while driving. For adults, a BAC of 0.08 or higher can support the allegation. Under 21, any alcohol is an offense. First-time cases can bring fines, probation, alcohol assessments, license revocation, and insurance consequences. Repeat convictions or aggravating factors increase penalties and can include active time. Local enforcement by New Bern Police, Craven County deputies, and Highway Patrol is common around downtown, the Trent and Neuse River corridors, and the US-70 approach to the beach.

How The Firm Builds A Defense

The defense begins with the stop. Was there reasonable suspicion to pull the vehicle over, or were rights violated at a checkpoint. Field sobriety tests are examined for instruction and scoring issues. Breath or blood testing is reviewed for calibration, chain of custody, and timing problems. When the evidence does not support a conviction, dismissal is the goal. In other cases, negotiation can reduce consequences and protect driving privileges. For eligible clients, the office guides applications for limited privileges so you can keep working or attending school.

Types Of DWI Cases We Handle

  • First-offense cases where protecting future opportunities and insurance is the priority.
  • Second and subsequent cases where penalties escalate and treatment planning is essential.
  • Refusal cases where implied consent law triggers license revocation and a DMV hearing is time-sensitive.
  • Underage DWI where zero tolerance applies.
  • Boating incidents in nearby waterways when alcohol is alleged.
  • Habitual DWI allegations that may be treated as habitual DWI in the felony context.

Local Court Experience Matters

Each courthouse moves differently. Knowing what documentation judges expect, how prosecutors evaluate testing issues, and when to press a suppression motion comes from regular appearances in Craven and Pamlico District Court and Carteret and Jones Superior Court. J. Michael Mills brings trial experience and steady advocacy to a process that can feel overwhelming, with clear updates from first appearance through disposition or trial.

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Answers To DWI Questions

  • Can I refuse a breath test.

    Refusal can trigger a one-year civil revocation and a separate DMV process.

  • Will this stay on my record.

    North Carolina does not allow expungement of a DWI conviction; avoiding a conviction or reducing the charge is critical.

  • What is a limited driving privilege.

    Many first-offense clients may qualify for restricted driving during revocation if they meet statutory requirements.

  • Do I need a lawyer for a first offense.

    Yes. The stakes include insurance, employment, and a record that can affect your future.