Can I refuse a breath or blood test in North Carolina?

Yes, but under the state’s implied consent law, refusal leads to automatic license revocation (typically 12 months). We can often challenge the legality of the test request or seek limited driving privileges.

Will I need an ignition interlock device?

If your BAC was 0.15 or higher or if you have prior DWI convictions, the court may require ignition interlock installation for reinstatement.

I blew under 0.08 – why was I charged?

North Carolina law allows DWI charges even below 0.08 if the officer believes you were appreciably impaired or if you’re under 21 (zero-tolerance).

How can a lawyer help if my BAC was high?

An attorney can still challenge testing procedures, negotiate for reduced penalties, or secure limited driving privileges to keep you on the road for work or family needs.

DWI/DUI Defense Lawyer – Halifax, NC

A DWI arrest can feel overwhelming—license suspension, fines, and even jail are all on the line. As a Halifax DWI lawyer, Franklin L. Jones Jr. defends drivers across Halifax and Northampton Counties against drunk driving charges and related offenses. With more than 25 years of courtroom experience, he knows how to challenge evidence, negotiate with prosecutors, and fight to protect your rights.

Understanding DWI Charges in North Carolina

North Carolina takes DWI seriously. Even a first offense can lead to:

License suspension (up to 1 year for first offense).

Fines and court costs that can exceed $1,000.

Jail time or community service, depending on aggravating factors.

Insurance premium increases and mandatory alcohol assessments.

Ignition interlock device requirements for high BAC results (≥0.15) or repeat offenses.

If you’ve been charged with a DWI or DUI in Halifax, Weldon, Roanoke Rapids, or nearby towns, acting quickly is essential—especially to request a DMV hearing to challenge your license suspension.

Consequences of a DWI Conviction

DWI penalties in North Carolina vary based on the severity of the offense, prior convictions, and aggravating or mitigating factors:

01

First Offense

1-year license revocation, fines, possible jail or probation, and alcohol education requirements.

02

Second Offense

Multi-year license revocation, higher fines, ignition interlock requirements, and potential active jail time.

03

Third or Subsequent Offense

Permanent revocation, felony-level penalties, extended jail sentences, and strict monitoring requirements.

Every DWI case is unique—your outcome depends on how well the case is defended from day one.

How We Defend DWI Charges

A DWI charge doesn’t mean a guaranteed conviction. Franklin L. Jones Jr. builds a defense by examining:

Traffic Stop Legality: Was there reasonable suspicion to initiate the stop?
Field Sobriety Tests: Were they properly administered and interpreted?
Breathalyzer Accuracy: Was the machine calibrated and maintained correctly?
Chemical Tests & Procedures: Were blood draws or breath tests conducted under proper legal standards?
Officer Testimony: Are there inconsistencies in reports or video evidence?

We use these findings to challenge weak evidence, negotiate reductions, or fight for dismissal where possible.

Local Advantage – A Halifax-Based DWI Attorney

With our office directly across from the Halifax County Courthouse, we have daily insight into the courts, judges, and prosecutors who handle local DWI cases. This proximity allows us to move quickly, file necessary motions, and stay updated on court trends—advantages that out-of-town attorneys may not have.

Stay Calm & Be Polite: Provide basic identification but avoid self-incriminating statements.
Use Your Right to Remain Silent: Don’t explain or argue about your BAC or consumption.
Do Not Consent to Additional Tests or Searches Without Legal Advice: These can be used against you.
Contact an Attorney Immediately: Quick action is vital for DMV hearings and to protect your driving privileges.
Document Details: Write down everything you remember about the stop—time, location, tests performed, and officer conduct.

FAQs: DWI Defense in NC

Can I refuse a breath or blood test in North Carolina?
Yes, but under the state’s implied consent law, refusal leads to automatic license revocation (typically 12 months). We can often challenge the legality of the test request or seek limited driving privileges.
Will I need an ignition interlock device?
If your BAC was 0.15 or higher or if you have prior DWI convictions, the court may require ignition interlock installation for reinstatement.
I blew under 0.08 – why was I charged?
North Carolina law allows DWI charges even below 0.08 if the officer believes you were appreciably impaired or if you’re under 21 (zero-tolerance).
How can a lawyer help if my BAC was high?
An attorney can still challenge testing procedures, negotiate for reduced penalties, or secure limited driving privileges to keep you on the road for work or family needs.