Welcome to the website for Raleigh based criminal defense attorney David Bauernfeind. If you or a friend or relative has been arrested for driving under the influence in Raleigh or the surrounding areas of Wake County, North Carolina, then, you are certainly not alone. In fact law enforcement officers arrested more than 57,000 North Carolina motorists for DUI last year (2010 statistics). Hopefully you’ll find the information valuable on this website helpful and be sure to check out our widely regarded DUI Blog, which has contains a huge amount of information on DUI traffic stops, field sobriety tests, breathalyzer results (and its inaccuracies), and a host of other issues pertaining to the DUI stop that a motorist may seek to challenge.
North Carolina DUI Laws are complex. Every Raleigh DUI arrest actually initiates two separate DUI cases. There is the criminal charge of DUI, which the District Attorney will attempt to prosecute in the Wake County criminal case. Most people are very pleasantly surprised by the number of defenses to the DUI criminal case.
The other case is a civil case, in which the North Carolina Department of Motor Vehicles (DMV) will attempt to suspend or, perhaps, revoke a motorist’s driving privileges. Defenses to the civil (DMV) case are usually limited to the following: (i) a motorist is charged with refusing chemical testing for intoxication but, in fact, did not refuse; or (ii) a motorist is charged with operating a vehicle at a blood alcohol level above .08 but did not, in fact, do so. The civil case, if desired by the motorist, is almost always brought before a hearing officer at the DMV for determination.
Raleigh DUI Lawyer David Bauernfeind has defended countless DUI cases in District and Superior Court in Wake County, North Carolina, including DUI cases involving motor vehicle accidents, damage to real property, driving while impaired on prescription and other drug cases, and habitual DUI cases charged as felonies.