Roberts Law Office, PA

04/22/2026

WHEN IS AN IGNITION INTERLOCK GENERALLY REQUIRED IN NORTH CAROLINA FOR DRIVING WHILE IMPAIRED (DWI) CASES?

For first time offenders who are convicted with a breath or blood alcohol (BAC) result of 0.15 or higher a mandatory 1 year interlock requirement will be imposed. Also, first time offenders who are convicted with a BAC below 0.15 although not a mandatory requirement, a judge may still in their discretion order one. For a person who incurs a second conviction of DWI within 3 years from their first DWI conviction, a 1 year ignition interlock requirement will be imposed upon eligibility for restoration of privileges. Additionally, for a person who incurs a third conviction of DWI or conviction of Habitual DWI (3 or more within 10 years) a 3 years ignition interlock requirement is likely to be imposed upon eligibility of restoration of privileges.

Positive take aways (if you can call them that), under current law you no longer have to suffer through the 45 days of non-operation before you can get an interlock privilege associated with a result of BAC.15 or higher; and there are no time restrictions on this type of interlock privilege.

01/22/2026

Was the DWI investigation lawful?

When stopping drivers for suspicion of driving while impaired, police officers cannot pull you over at random. Police officers must justify their initial stop, with what is called “articulable and reasonable suspicion.” To develop this police officers look for a traffic law violation or signs of possible imparied driving to support the traffic stop. Traffic violations or signs that may justify the stop of your vehicle include speeding, weaving witin your lane, crossing over the fog line, falling too closely, and failing to signal. Once stopped and a police 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. Additionally, as a police officer talks with you, they will be looking inside your vehicle for contraband. Examples of contraband could include alcohol containers or drugs in plain view. Once there are developed indicators of possible impairment or an admission to consumption of alcohol by the driver, a police officer has a legal basis to request that you step out of your vehicle and submit to roadside field sobriety tests to show that you are fit to drive. There is nothing in the law that requires you to do these tests. For further information regarding the specifics on your DWI charge feel free to give us a call at 919-782-8115.

01/22/2026

AS A FIRST TIME OFFENDER CONVICTED OF DRIVING WHILE IMPAIRED YOU CAN BE SUBJECT TO JAIL TIME:

Scenarios under North Carolina law that may require jail time for a DWI include: 1. Child in the Vehicle If you had a child under 18, a person with the mental development of a child under 18, or a person with a physical disability preventing unaided exit in your vehicle, this triggers a Level 1 judgement with a minimum of 30 days in jail and up to 2 years max. 2. High BAC (0.15 or higher) An alcohol concentration of 0.15 or more is an aggravating factor that significantly increases your likelihood of jail time. This factor increases the likelihood of a Level 3 judgment carrying 72 hours to 6 months jail. 3. Someone Got Hurt If your impaired driving seriously injured someone, this is a grossly aggravating factor that triggers a Level 2 judgement with a minimum of 10 days in jail and up to 1 year max. 4. Reckless or Dangerous Driving Especially reckless or dangerous driving, negligent driving that led to a reportable accident, or excessive speeding (30+ mph over the limit) are aggravating factors that can increase your sentencing level. 5. Multiple Aggravating Factors will Stack Up The court weighs all aggravating factors against mitigating factors. Level 3 sentencing (72 hours to 6 months jail) is likely to apply when there are significantly more aggravating factors than mitigating ones. Take away: It is important to contact a local DWI Lawyer for more guidance on your DWI charge.

01/22/2026

Meet Our Legal Assistant, Danielle Tedesco:

Danielle has been a valued member of our team since August 2022. She graduated from the University at Albany in December 2021 with a B.A. in Criminal Justice and Sociology, along with a minor in History. While at UAlbany, Danielle was a student-athlete, playing five seasons of Division I volleyball on the Women’s Volleyball team. She relocated from central New York to Raleigh to pursue her passion for law and is currently enrolled in the evening program at North Carolina Central University School of Law. When she’s not at work or in class, you can find Danielle on the volleyball court or relaxing with a good book.

Phone: 919-782-8115
Email: [email protected]

11/02/2022

An officer has articulable and reasonable suspicion to believe you are driving while impaired, what happens next?

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. Not only do you face loss of your driver’s license, but prison sentences imposed can be as

10/14/2022

What is “articulable and reasonable suspicion" and why is it so important?

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. Not only do you face loss of your driver’s license, but prison sentences imposed can be as

10/14/2022

NCBA member Edd Roberts of Roberts Law Office, PA became certified in Dec. by the North Carolina State Bar Board of Legal Specialization as a Specialist in Federal/State Criminal Law. Congratulations on this outstanding achievement!

08/31/2022

08/31/2022