Charged with a DWI in Apex, North Carolina?
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Get the Best Help for Your DUI Case Today.
Roberts Law Office is here to help. Edd Roberts is a BOARD CERTIFIED criminal defense attorney in Raleigh that specializes in DWI/DUI defense. About 4% of the approximate 40,000 attorneys in North Carolina have achieved board certification, Attorney Roberts is one of them.
As a FORMER PROSECUTOR for Wake County, he knows what it takes to defend you. Call us now or submit a request for a free consultation. We can help you fight this charge!
EXCELLENTTrustindex verifies that the original source of the review is Google. Attorney Robert’s was great to work with. If you ever need a Attorney he is your guy!Posted on GoogleTrustindex verifies that the original source of the review is Google. I highly recommend Edd K. Roberts III and Roberts Law Office, PA. Mr. Roberts handled my traffic matter professionally, efficiently, and with an excellent outcome. The process was smooth from start to finish, and his office made everything clear and easy to understand. I appreciated his experience, professionalism, and ability to resolve my case in the best possible way. If you need a knowledgeable and reliable attorney in Raleigh, I strongly recommend Edd K. Roberts III.Posted on GoogleTrustindex verifies that the original source of the review is Google. Attorney Roberts is an incredibly compassionate attorney but with the skills to back it up in the court room. I could not be happier with the outcome of my case(s) and god forbid anything like this every happens again he will be the first and only call. 10/10Posted on GoogleTrustindex verifies that the original source of the review is Google. Attorney Roberts was super diligent in representing me in my case! Was on top of reminders for court and talking through the process of what to expect. I would recommend to anyone facing a similar situation. Super happy that he was able to get my charge dismissed!Posted on GoogleTrustindex verifies that the original source of the review is Google. I had an outstanding experience working with Attorney Edd Roberts and his legal assistant Danielle Tedesco. From the very beginning, they treated my case with genuine care, professionalism, and attention to detail. Edd’s background as a former Wake County Assistant District Attorney, combined with his advanced legal training — he earned a Master of Laws (LL.M.) from Seton Hall University, graduating summa cum laude — was immediately evident. His insight, strategic approach, and deep understanding of how cases are evaluated made a stressful situation far easier to navigate. Danielle’s organization, communication, and responsiveness were equally exceptional, and together they made an incredible team. They kept me informed at every step, answered every question thoroughly, and made sure I always understood what to expect. Their preparation was meticulous, their communication was consistent, and their dedication to my case was clear throughout the entire process. I truly felt like they were invested in achieving the best possible outcome for me — and they delivered. I am extremely pleased with the result of my case and deeply grateful for the hard work, skill, and commitment shown by both Edd and Danielle. If you need a legal team that is knowledgeable, responsive, and genuinely committed to their clients, this is the firm you want on your side.Posted on GoogleTrustindex verifies that the original source of the review is Google. I would like to thank Danielle and Edd for their excellent communication and ability to help get me out of my criminal charge. From day one they were the nicest people! If you ever need assistance this is the team you should choose!Posted on GoogleTrustindex verifies that the original source of the review is Google. Communication with them was outstanding and they dealt with my case in a professional and caring manor to resolution without my having to go to court. I would highly recommend Roberts Law Office.Posted on GoogleTrustindex verifies that the original source of the review is Google. Edd Roberts is by far the best attorney I have ever hired. Is attention to details after years in the court system, was simply amazing. I have referred him to family and friends. As far as I am concerned, best law firm in our area and beyond!Posted on GoogleTrustindex verifies that the original source of the review is Google. Roberts Law Office is great. He and his team handled my matter efficiently and were successful in navigating a positive outcome. We have used then several times in the past and they are consistently responsive and professional. I would not hesitate to use them again in the event I found myself in need of representation.Verified by TrustindexTrustindex verified badge is the Universal Symbol of Trust. Only the greatest companies can get the verified badge who has a review score above 4.5, based on customer reviews over the past 12 months. Read more
Case Success Stories
LEARN MORE ABOUT YOUR DWI CHARGE
Driving While Impaired (DWI) charges in North Carolina carry significant consequences, including the possibility of jail time, heavy fines, and loss of driving privileges. However, not all DWI charges lead to convictions, particularly when there are suppressible issues involved. Suppression in legal terms refers to the court’s ability to exclude certain evidence from a trial if it was obtained in violation of the defendant’s rights. Understanding these suppressible issues, especially in the context of North Carolina law, is crucial for anyone facing DWI charges.
Suppression of the Traffic Stop
The initial interaction with law enforcement is critical in a DWI case. In North Carolina, police must have a valid reason, known as “reasonable suspicion,” to stop a vehicle. This could include observing a traffic violation or erratic driving. If a traffic stop was made without reasonable suspicion, any evidence obtained as a result of that stop would be suppressible.
When getting pulled over, it is essential to remain calm and polite, but also cautious about what information you provide. You are required to share your license and registration but are not obliged to answer incriminating questions. Politely declining to answer questions or comply with requested field sobriety tests is within your rights.
Suppression of the Arrest
For an arrest to be lawful, the officer must have “probable cause” to believe that you were driving under the influence. This could be based on observations of your physical appearance, behavior, performance on field sobriety tests, or preliminary breath test results. If probable cause was lacking, the arrest itself could be challenged and suppressed.
Suppression of the Blood Alcohol Content or Breathalyzer Results
BAC and breathalyzer results are often pivotal in DWI cases. However, these results can be suppressed if the testing was not conducted according to established legal and procedural standards. This includes ensuring the device was properly calibrated, the test was administered correctly, and the officer had the necessary certification to perform the test. Additionally, the defense can challenge the reliability of the results based on medical conditions or other factors that could affect the accuracy of the results.
In navigating the complexities of DWI charges in Raleigh, North Carolina, and the surrounding areas, having a skilled attorney like Edd Roberts of Roberts Law Office, PA, can be invaluable. With extensive experience in DWI defense, Edd Roberts understands the nuances of North Carolina DWI law and how to effectively challenge evidence that may have been obtained unlawfully.
Roberts Law Office, PA, specializes in identifying suppressible issues in DWI cases, from the legality of the traffic stop and arrest to the accuracy and admissibility of blood alcohol content and breathalyzer results. Their strategic approach focuses on protecting clients’ rights and pursuing the best possible outcomes, whether that means fighting for a case dismissal, reduction of charges, or acquittal at trial.
Understanding your rights and the legal standards that law enforcement must adhere to is the first step in building a defense. With the support of a knowledgeable and experienced DWI attorney like Edd Roberts, individuals facing DWI charges in Raleigh and beyond have a powerful advocate on their side. For anyone navigating these challenging circumstances, reaching out to Roberts Law Office, PA, could be a critical decision in the outcome of their case.
When stopping drivers for suspicion of driving while impaired, the police cannot pull you over at random. Law enforcement must justify the initial stop, with what is called “articulable and reasonable suspicion.” To develop this officers look for a traffic law violation or signs of intoxication to support a traffic stop. Warning signs may initially include speeding, weaving, falling too closely, or failing to signal.
Once the 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. As the officer talks with you, they will be looking inside your car for contraband. Examples of contraband could include empty alcohol containers or drugs. Once there are other indicators of impairment or admission to consumption of alcohol law enforcement will proceed on to having you do roadside tests.
If an officer has articulable and reasonable suspicion to believe you are driving while impaired, you may be asked to submit to one or more standardized field sobriety tests (SFSTs). These tests allow an officer to observe your physical ability, cognitive ability, attention level, balance, or other notable observations to help form an opinion that you were driving while impaired.
The three standard FSTs established by the NHTSA which are:
- Horizontal Gaze Nystagmus (HGN) Test
- One-Leg Stand Test
- Walk-and-Turn Test
In North Carolina, you have the right to refuse any field sobriety test requested by a law enforcement officer. This right also extends to the preliminary breathalyzer test (PBT), which is generally requested before arrest. The PBT is often confused with the mandatory breath test. Currently North Carolina’s implied consent law states that a refusal of the breath test, usually conducted in the jail after arrest on a machine called an intoximeter, carries the penalty of revocation of your driver’s license for up to one year. If you decide to take this breath test to avoid that penalty of revocation you are still entitled to ask for a witness to observe this test and be given additional time for them to arrive to do so.
Different factors (mitigating, aggravating and grossly aggravating) come into play that guide a judge in determining what level of punishment is appropriate. There are now six levels of punishment.
Aggravated Level One punishment:
- Fined up to ten thousand dollars ($10,000.00)
- Sentenced to active time for a minimum term of not less than twelve (12) months and a maximum of not more than thirty- six (36) months.
- Active time may be suspended only if a condition of special probation is imposed with a term of imprisonment of at least four (4) months.
- If the defendant is placed on probation, he/she shall be required to obtain a substance abuse assessment and comply with recommended education or treatment.
- The judge may impose any other lawful condition as well.
Level One punishment:
- Fined up to four thousand dollars ($4,000)
- Sentenced to active time for a minimum term of not less than 30 days and a maximum of not more than 24 months.
- Active time may be suspended only if a condition of special probation is imposed with a term of imprisonment of at least 30 days.
- If the defendant is placed on probation, he/she shall be required to obtain a substance abuse assessment and comply with recommended education or treatment as a condition of this offense.
- The judge may impose any other lawful condition.
Level Two punishment:
- Fined up to two thousand dollars ($2,000)
- Sentenced to active time for a minimum term of not less than 7 days and a maximum of not more than 12 months.
- Active time may be suspended only if a condition of special probation is imposed with a term of imprisonment of at least 7 days.
- If the defendant is placed on probation, he/she shall be required to obtain a substance abuse assessment and comply with recommended education or treatment.
- The judge may impose any other lawful condition.
Level Three punishment:
- Fined up to one thousand dollars ($1,000)
- Sentenced to active time for a minimum term of not less than 72 hours and a maximum of not more than 6 months.
- Active time may be suspended. However, the suspended sentence shall include the following:
- Be imprisoned for a term of at least 72 hours as a condition of special probation; or
- Perform community service for a term of a least 72 hours; or
- Any combination of these conditions.
- If the defendant is placed on probation, he/she shall be required to obtain a substance abuse assessment and comply with recommended education or treatment.
- The Judge may impose any other lawful condition.
Level Four punishment:
- Fined up to five hundred dollars ($500.00)
- Sentenced to active time for a minimum term of not less than 48 hours and a maximum of not more than 120 days.
- Active time may be suspended. However, the suspended sentence shall include the following:
- Be imprisoned for a term of 48 hours as a condition of special probation; or
- Perform community service for a term of 48 hours; or
- Any combination of these conditions.
- If the defendant is placed on probation, he/she shall be required to obtain a substance abuse assessment and comply with recommended education or treatment. The judge may impose any other lawful condition.
Level Five punishment:
- Fined up to two hundred dollars ($200.00)
- Sentenced to active time for a minimum term of not less than 24 hours and a maximum of not more than 60 days.
- Active time may be suspended. However, the suspended sentence shall include the following:
- Be imprisoned for a term of 24 hours as a condition of special probation; or
- Perform community service for a term of 24 hours; or
- Any combination of these conditions.
- If the defendant is placed on probation, he/she shall be required to obtain a substance abuse assessment and comply with the recommended education or treatment. The judge may impose any other lawful condition.
You are generally allowed by the court driving privileges after your first conviction of DWI and in some instances when you have had one or more prior convictions of DWI depending on the time frame of those convictions. A limited driving privilege is an Order issued in the discretion of the Court for good cause shown granting a person with a revoked driver’s license due to a DWI conviction to drive for essential purposes related to any of the following:
- His/her employment.
- The maintenance of his/her household.
- His/her education.
- His/her court-ordered treatment or assessment.
- Community service ordered as a condition of the person’s probation.
- Emergency medical care.
Eligibility
A person convicted of impaired driving (pursuant to N.C.G.S. 20-138.1) is eligible for a limited driving privilege if:
- They held either a valid driver’s license or a license that had been expired for less than one year at the time of the offense;
- They have not within the preceding seven years from the offense date been convicted of an offense involving impaired driving;
- A level Three, Four, or Five punishment was imposed for the offense of impaired driving;
Subsequent to the offense date he/she has not been convicted of, or had an unresolved charge lodged against him/her for, an offense involving impaired driving; and
The person has obtained and filed with the court a substance abuse assessment.
DWI’s/DUI’s are complex and challenging cases with multiple stages where the accused’s legal rights could be violated. It is important to have a trained and experienced Raleigh DWI/DUI lawyer review every stage of the process in order to make sure that you receive the benefit when corners are cut and your rights have been violated.
Please contact us at [email protected] or give us a call at 919-782-8115 to set up a free consultation to go over the facts and circumstances of your case.
Our Team
Edd K. Roberts
Partner - Board Certified Specialist
Erin J. Roberts
Partner
Danielle Tedesco
Legal Assistant
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If you are charged with a DWI or a DUI in Raleigh, trust Roberts Law Office to handle your case.
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By appointment after hours.