Defense attorney serving the Winston Salem, NC area.

Driving While Impaired

The consequences of a driving while impaired conviction can be costly. Especially if your case is not handled properly by a qualified attorney. At Harkey Litigation, we handle driving while impaired (DWI), habitual impaired driving, felony death by vehicle, and misdemeanor death by vehicle cases.

Collateral Consequences

Impaired driving offenses carry unique sentencing provisions and significant collateral consequences. The outcome of your case can impact your license points, insurance points, and whether you forfeit any driving privileges. Our firm will take immediate action to mitigate the personal and financial impact of impaired driving allegations against you. If necessary, we will take your case to trial.

Diligent Representation

Our firm represents clients who are facing impaired driving offenses throughout all stages of the case – pretrial, trial, sentencing, and North Carolina DMV hearings. Throughout the process, we diligently assist our clients in obtaining outcomes that include limited driving privileges and license restorations.

Board Certified Specialist in Criminal Law

Harkey is a former prosecutor who has handled cases in over the courtrooms of over 60 counties across the State. He is a board-certified specialist in North Carolina Criminal Law, a distinction awarded to less than 3.9% of all attorneys in the State.


In North Carolina, anyone who accepts the privilege of driving on our highways has already consented, through implication, to chemical analysis testing. Any law enforcement officer with reasonable grounds to believe an implied consent offense has been committed may obtain a chemical analysis of the person.

Driving while impaired is an implied consent offense that is committed when a person drives a vehicle on a street, highway, or public vehicular area while impaired.

Habitual impaired driving occurs when someone drives while impaired after previously being convicted of 3 or more offense involving impaired driving within the last 10 years.

In North Carolina, a simple DWI conviction is a misdemeanor. However, habitual impaired driving is a felony. Where a fatality is involved, you may be charged with felonies such as felony death by vehicle, involuntary manslaughter, or second-degree murder.

Yes. Generally, law enforcement is required to seize a vehicle that is used in the commission of an impaired driving offense if 1) the driver committed the offense while his license was already revoked for impaired driving; or 2) if the driver did not have a valid driver’s license and they were not covered by auto insurance.

You should immediately hire an attorney to make sure you navigate the legal process in the best way possible. A qualified attorney can help you mitigate negative consequences.

The consequences of your DWI depends on your criminal history and the facts of your particular case. A DWI conviction can result in probation, jail time, fines, fees, license suspension, installation of an interlock device, higher insurance rates, etc.

Yes. However, experienced counsel can help you avoid time in jail if you have been charged with a DWI.

The North Carolina Department of Motor Vehicles has the exclusive power to issue, suspend, or revoke a person’s North Carolina driver’s license. In some circumstances, you may be eligible for a limited driving privilege. A limited driving privilege may allow you to drive while your case is pending or after your case is resolved. You should contact an experienced attorney to help determine your eligibility.

Driving While Impaired - DUI/DWI Attorney - Winston Salem, NC