Multiple DWI Attorney in New Bern

Aggressive Defense Grounded in 30 Years of Craven County Criminal Practice

A second or subsequent DWI arrest in North Carolina isn’t just a repeat of what you’ve already been through. The state’s sentencing framework under N.C.G.S. § 20-179 escalates consequences sharply with each prior conviction, and the window between your arrest and sentencing is when the most important decisions get made. Challenges to the stop, the test, and the aggravating factor record all have to be pursued early. Delay narrows those options.

Chesnutt & Clemmons has practiced criminal defense in New Bern since 1994. Our attorneys have handled over 1,000 cases and collectively bring more than a century of combined legal experience to every client we represent. We serve clients throughout Craven County, including Havelock, as well as Pamlico County and Carteret County. Spanish-speaking staff are available, and we offer free consultations with payment plans available.

Call (252) 300-0133, text us, or fill out our online form to speak with a multiple DWI attorney in New Bern. We’re available 24/7.

Penalties for Multiple DWI Offenses in North Carolina

North Carolina DWI sentencing operates on six levels, ranging from Level 5 (least severe) to Aggravated Level 1 (most severe). The level assigned in your case depends on the presence of grossly aggravating, aggravating, and mitigating factors as defined under N.C.G.S. § 20-179. For repeat DWI defendants, the key driver is often the grossly aggravating factor framework.

Grossly Aggravating Factors

A prior DWI conviction within the past seven years counts as a grossly aggravating factor, and each separate prior conviction counts individually. Other grossly aggravating factors include driving on a license revoked because of a prior DWI, causing serious injury to another person while impaired, and having a passenger under 18 in the vehicle. Out-of-state DWI convictions within the past seven years can also qualify under North Carolina’s sentencing rules.

How the Levels Apply to Repeat Offenders

One grossly aggravating factor can lead to Level 2 sentencing, which includes a minimum of seven days in jail and a fine of up to $2,000. Two grossly aggravating factors can lead to Level 1, with a minimum of 30 days and a maximum of 24 months, plus a fine of up to $4,000. Three or more can lead to Aggravated Level 1, with a minimum of 12 months and up to 36 months of incarceration and a fine of up to $10,000. A second DWI conviction can also result in a driver’s license revocation of up to four years and mandatory ignition interlock device installation upon reinstatement.

Third Offense & Habitual DWI

Because North Carolina sentences DWI under the level framework rather than through a separate charge for each repeat offense, a third conviction with two prior grossly aggravating factors can trigger Level 1 or Aggravated Level 1 sentencing, carrying up to 24 or 36 months of incarceration depending on the total number of factors present. A person with three prior impaired driving convictions within 10 years may be charged with habitual DWI under N.C.G.S. § 20-138.5, a Class F felony that can carry a minimum term of 12 months of active imprisonment and lifetime revocation of driving privileges. Vehicle seizure is also possible when a DWI occurs while a license is already revoked for a prior DWI offense.

Mitigating factors, such as a clean five-year prior record, a BAC no higher than 0.09%, or voluntary completion of an alcohol or drug treatment program, can influence sentencing at Levels 3 through 5 but cannot offset grossly aggravating factors. Regardless of sentencing level, a substance abuse assessment and completion of any recommended treatment are required before license reinstatement.

How We Defend Multiple DWI Charges in New Bern

Every multiple DWI case turns on its own facts. Our attorneys conduct thorough case investigations and draw on a local network of contacts and resources in the Craven County area to identify viable defenses. Below are the specific avenues we examine in repeat DWI cases.

Challenging the Traffic Stop

Law enforcement must have reasonable suspicion to initiate a stop. If the stop was unlawful, evidence gathered afterward may be challenged for suppression, which can significantly affect the case.

Contesting Breathalyzer & Blood Test Results

The Intoxilyzer EC/IR II is the breathalyzer used in Craven County and Carteret County DWI cases. Results can be challenged if the machine wasn’t properly calibrated, if maintenance records are incomplete, or if the arresting officer wasn’t certified to operate it. Blood draw results are challengeable when the chain of custody from collection through laboratory analysis wasn’t fully documented. Field sobriety tests must follow standardized procedures, and deviations in how a test was administered can be used to challenge the basis for arrest.

Disputing Prior Convictions Used as Grossly Aggravating Factors

A prior DWI conviction used to elevate sentencing can be challenged under N.C.G.S. § 20-179 if the defendant was indigent, unrepresented, and hadn’t validly waived the right to counsel in that earlier case. Successfully contesting a prior conviction as a grossly aggravating factor can change which sentencing level applies.

Presenting Mitigating Factors at Sentencing

When elevated sentencing can’t be avoided, building the strongest possible mitigating record matters. Voluntary completion of a substance abuse assessment and treatment program before sentencing can be presented to the court and may influence the judge’s sentencing determination at applicable levels.

Trial Representation

Our attorneys have been recognized by Super Lawyers from 2014 through 2025 and are listed in The Best Lawyers in America® and the National Trial Lawyers Top 100. We hold an AV Preeminent rating from Martindale-Hubbell®, the highest peer rating for legal ability and ethical standards. When trial is what it takes to pursue a just outcome, we don’t steer clients away from it. Clients describe our representation as thorough, proactive, and responsive at every stage of their case.

Contact Our New Bern Multiple DWI Attorneys

If you’re facing multiple DWI charges, the decisions you make in the days following your arrest carry real weight. We offer free consultations, are available 24/7 by phone or text, and have Spanish-speaking staff on hand to assist clients from all backgrounds. Payment plans are available.

You can also read about our underage DUI case defense here.

Call (252) 300-0133, reach us by text, or submit our online contact form to speak with a New Bern multiple DWI attorney today.