Your Trial Attorneys
New Bern DWI Lawyer & Traffic Violations Attorney
A DWI charge carries serious consequences, including the possibility of jail time. Even a traffic ticket left uncontested can raise your insurance premiums and add points to your license. In either situation, the attorney you choose shapes how the case unfolds.
Our New Bern DWI lawyers serve clients throughout Craven County, including Havelock, and into Pamlico County and Carteret County. We work with both English- and Spanish-speaking communities.
Call today at (252) 300-0133 or reach out online to set up a free consultation with our criminal defense attorneys in New Bern. Payment plans available.
DWI Laws in North Carolina
North Carolina prosecutes impaired driving under the DWI statute regardless of whether the charge is labeled DWI or DUI. The legal BAC limit is 0.08% for drivers 21 and older, 0.04% for commercial drivers, and any detectable amount for drivers under 21.
A conviction can carry fines, license suspension, probation, community service, substance abuse assessment and treatment, and jail time. The specific penalties depend on the circumstances of the offense and the driver’s prior record, including any prior convictions within a defined time period. If you’re facing a DWI charge, don’t navigate this alone. Contact Chesnutt & Clemmons for representation.
Contesting a DWI in North Carolina
When a driver’s BAC comes back at 0.08% or higher, it can feel like the case is already decided. It isn’t. Before accepting any plea deal from the District Attorney’s office, a defendant should speak with an attorney because multiple paths exist to challenge the stop, the test, and the accuracy of the result.
A police officer must have reasonable suspicion of a violation before making a traffic stop. It doesn’t have to be much. Something as basic as watching a car leave a bar parking lot late at night can qualify, but there must be a valid reason. Without it, the stop and everything gathered from it can be challenged.
North Carolina Implied Consent & Your Right to an Attorney
North Carolina operates under implied consent law: driving on a public road constitutes consent to a chemical test if you’re lawfully arrested for DWI. What many drivers don’t realize is that before deciding whether to submit to a breath test, you have the right to contact an attorney. That step can matter significantly.
Refusing a breath test carries its own consequences. Under N.C.G.S. 20-16.2, a refusal triggers an automatic 12-month civil license revocation, separate from any criminal charge or conviction. That’s a decision worth understanding before you’re in the moment.
Even when a test is taken, the results aren’t automatically beyond challenge. Breath test machines require regular calibration, and results can be contested if maintenance records are incomplete. Blood test results can be challenged when chain-of-custody documentation is broken at any point from sample collection through lab analysis. A driver may also request a second independent chemical test at their own expense. Our New Bern DWI attorneys examine all of these angles when building a defense.
Facing a DWI Charge? Start With a Free Consultation.
If you’ve been charged with driving while impaired, our New Bern criminal defense attorneys are ready to help. Call us for a confidential consultation.
Challenging a BAC Test Result
An officer needs probable cause to administer a BAC test in the first place. The smell of alcohol or an admission of drinking can qualify, but without it, North Carolina drivers have the right to decline a sobriety test and to decline answering questions that might supply the officer with probable cause.
Even when a test is administered and returns a result of 0.08% or higher, that number isn’t necessarily the end of the argument. Several everyday factors can produce a falsely elevated reading:
- Eating sugary foods or bread while drinking
- Certain medications, including mouthwash
- Health conditions such as acid reflux or diabetes
- Improper blood sample storage or broken chain-of-custody procedures
At trial, the prosecution must prove beyond a reasonable doubt that the driver was legally intoxicated and that the reported BAC is accurate. Our job is to put enough evidence before the court to create reasonable doubt.
Whether it’s a DWI charge or a speeding ticket, put the New Bern traffic violations attorneys from Chesnutt & Clemmons on your side. Call (252) 300-0133 or fill out our online contact form to arrange a free consultation.
Five-Star Client Reviews
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"She explained the best scenario that could play out and that is how it went."Wayne F.
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"He was able to find things that most lawyers wouldn't even think about."Ken M.
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They guided me through the process that was quite lengthy
Kevin S.
Why Contesting a Traffic Violation Is Worth It
An uncontested traffic ticket doesn’t just cost you the fine. It adds points to your driving record, which can raise your insurance premiums and, over time, put your license at risk. Fighting the ticket often makes financial sense.
The same probable cause rules that govern DWI stops apply to traffic violation stops. If you believe you weren’t in the wrong, traffic camera footage can be subpoenaed to challenge the prosecution’s account or introduce reasonable doubt. The burden of proof, even on a speeding ticket, lies with the prosecution.
Trial-Ready Attorneys With Three Decades of Results
We’ve handled cases since 1994. Our attorneys bring over a century of combined legal experience to every case and are recognized by Super Lawyers® (2014–2025), The Best Lawyers in America®, and hold an AV Preeminent Rating from Martindale-Hubbell®, the highest possible peer rating in the profession. Our trial lawyers are ranked among the top 5% of attorneys in the state. That history of recognition reflects how seriously we approach preparation and how aggressively we fight in the courtroom. Past results can’t guarantee a future outcome, but they do say something about how we work.
Call today at (252) 300-0133 or contact us online to set up a free consultation.
Reach Our New Bern DWI Defense Team
Getting in touch is straightforward. You can call, email, text, or reach us through the chat on our website. Payment plans are available for clients who need them.
We also have Spanish-speaking staff on hand for community members who prefer to communicate in Spanish. If you’re looking for a DWI attorney in New Bern, contact Chesnutt & Clemmons today to discuss your case.