Your Trial Attorneys
First Offense DUI Attorney in New Bern
Fighting First-Time DWI Charges in Craven County Since 1994
A first DWI charge in North Carolina is a misdemeanor, but the consequences are real: fines, a one-year license revocation, possible jail time, mandatory substance abuse assessment, and a permanent criminal record. Many people charged for the first time assume a conviction is inevitable. It isn’t. The traffic stop, the field sobriety tests, and the breath or blood test results can each be challenged before your case ever reaches a verdict.
Chesnutt & Clemmons has handled DWI defense in Craven County since 1994. Marcus Chesnutt, whose career began in 1978, has been named to the National Top 100 Criminal Defense Lawyers by the National Trial Lawyers. Together with Gary Clemmons, who has practiced since 1981, our firm brings over a century of combined legal experience to criminal defense cases across New Bern, Havelock, and into Pamlico and Carteret Counties. We know the proceedings at the Craven County Courthouse and the prosecutors who appear there. Spanish-speaking staff are available for clients who need them.
Don’t take action on your case before speaking with a first offense DUI attorney in New Bern. We offer free consultations by phone, text, email, or website chat, and payment plans are available. Call us today at (252) 300-0133.
What Counts as a First-Offense DWI in North Carolina
North Carolina uses the term DWI (Driving While Impaired) rather than DUI, though both refer to the same charge and are used interchangeably. The BAC limit is 0.08% for drivers 21 and older, 0.04% for commercial drivers, and any detectable amount for drivers under 21. A charge qualifies as a first offense when there are no prior DWI convictions within the applicable lookback period, which keeps the most severe grossly aggravating factors off the table and makes mitigating factors more accessible at sentencing.
A failed BAC test isn’t required. Behavioral evidence alone, including slurred speech, bloodshot eyes, or erratic driving, can support a DWI charge. Prescription medications, illegal drugs, and certain over-the-counter medicines can also lead to a charge if impairment is present.
How We Build a First-Offense DWI Defense
Every DWI defense starts with the stop. A valid traffic stop requires reasonable suspicion. If that threshold wasn’t met, the stop and all evidence gathered from it can be challenged. Our attorneys conduct in-depth case investigations, pulling records, reviewing dashcam footage, and drawing on a local network of contacts built over three decades of practice in this community.
Challenging Field Sobriety Tests
Field sobriety tests (the Horizontal Gaze Nystagmus, Walk-and-Turn, and One-Leg Stand) carry built-in margins of error. Medical conditions, fatigue, uneven pavement, and poor lighting can all affect performance, and North Carolina law doesn’t require drivers to perform them.
Contesting Breath & Blood Test Results
Breath and blood test results aren’t automatically conclusive. Breath test results can be contested if calibration records for the testing machine are incomplete. Blood test results can be challenged if chain-of-custody documentation shows any break from collection through lab analysis. Under North Carolina’s implied consent law, a driver lawfully arrested for DWI retains the right to contact an attorney before deciding whether to submit to a breath test. Refusing a breath test triggers an automatic 12-month civil license revocation under N.C.G.S. 20-16.2, separate from any criminal charge. Whether refusal is the right call depends on the specific facts and is a decision best made with counsel before you respond to the officer’s request.
Our trial attorneys don’t shy away from a courtroom when that’s what a fair outcome requires. We’ve handled first-offense DWI cases at the Craven County Courthouse for more than 30 years, and we approach each case prepared to go the distance.
Five-Star Client Reviews
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"Very friendly professional staff who go the extra mile. They are worth it!!!"Jennifer W.
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He'll tell exactly how it is....if you want to hear it,or not.
Jessica R. -
"I was impressed with the respect and warmth from all the staff - I can’t thank you enough."Vickie M.
Why New Bern Defendants Choose Chesnutt & Clemmons
Since 1994, Chesnutt & Clemmons has built its criminal defense practice in the same courts where your case will be heard. Our attorneys are ranked among the top 5% of lawyers in North Carolina and have earned recognition from Super Lawyers (2014–2025), The Best Lawyers in America, The National Trial Lawyers Top 100, and the AV Preeminent Rating from Martindale-Hubbell, the highest peer rating available. The Sun Journal named us a Best of the Best Readers’ Choice award recipient in 2024.
Those credentials reflect what we bring to each case: thorough investigation, command of local procedure, and trial-tested attorneys prepared to litigate when the circumstances call for it. Past results don’t guarantee future outcomes, but our record reflects a consistent commitment to fighting for the best result available. We’re also rooted in this community, supporting organizations including CarolinaEast Medical Center, the Neuse River Bridge Run, and the New Bern Historical Society.
Get a Free Consultation Before You Make Any Decisions
If you’ve been charged with a first-offense DWI in the New Bern area, contact Chesnutt & Clemmons before you take any action on your case. We offer free consultations, payment plans, and bilingual staff for Spanish-speaking clients.
Call (252) 300-0133 or reach us by text, email, or website chat. The sooner you contact a first offense DUI lawyer in New Bern, the more options may remain available to you.