HABITUAL DUI LAWYERS

Get your life back on track with our DUI defense team

Our Habitual DUI attorneys fight and care for you.

How We Help

Get an action plan for you.

Getting the best result on your DWI means having the best information when making important decisions. We work together with you to create a detailed DWI Action Plan for your case. This will show you exactly what you need to do and explain how we plan to proceed as your attorney.

Get your license back.

If your license has been revoked, you don’t want to lose it for longer. The attorneys at Minick Law want to learn about the details of your case and the impact the DWI is having on your life. This way, we can provide sound legal advice on your next steps to get you back on the road in no time.

Get the best result for your case.

Don’t let one mistake leave you with lasting legal consequences, such as jail time, a bad record, or job loss. Our DWI defense lawyers will let you know the consequences you’re facing and help you achieve the best possible outcome.

Habitual DWI Defense

Our Habitual DWI Lawyers Are Here To Help

In North Carolina, a DWI is typically charged as a misdemeanor. However, if a person is charged with DWI and has been convicted of 3 prior DWI offenses within 10 years of the new date of offense, the State may charge the driver with Habitual Driving While Impaired.

When the State brings a habitual DWI charge, getting a legal team experienced in DWI law on your side becomes all the more important.

A Habitual DWI is punishable as a Class F Felony, and has a 12 month minimum sentence and 59 month maximum sentence. Because a habitual DWI charge is a felony, the case must typically be indicted by a grand jury in the county of the offense and then proceed through the legal process in Superior Court (most misdemeanor DWI cases are handled at the district court).

A person convicted of Habitual DWI will also have his driver’s license permanently revoked by the North Carolina Division of Motor Vehicles (NC DMV).

At Minick Law, P.C., we realize the chaos that a possible felony conviction and lengthy jail sentence can have in your life. Our first goal is to answer the many questions about how to handle the habitual DWI charge and how this charge will impact your life.

Our Approach

Aggressive Habitual DWI Defense

We concentrate our criminal defense practice in DWI representation. Our legal team has handled hundreds of DWI cases. Our attorneys spend a significant amount of time researching, writing about, and studying the laws in North Carolina related to Driving While Impaired.

Putting forth the best defense often requires looking at your case from the State’s perspective. Our North Carolina DWI attorneys are also required to attend the National Highway Traffic Safety Administration’s (NHTSA) 24 hour DUI Detection and Standardized Field Sobriety Test (SFST) Course, the same training received by many officers that charge DWI in North Carolina.

Solving The Problem

Our Habitual DWI Process

Many of our clients facing a habitual DWI in North Carolina are battling alcoholism or other addictions. Our fight for you does not begin and end in the courtroom.

Our goal is to help you get the support you need to make sure the terrible situation you are facing does not happen again. Addiction is a serious illness and we want to provide you with resources that help to address this issue so that you can change your life for the better. Your struggles are not simply legal and we take a wholistic approach to your case.

We will sit down with you and come up with a game plan that will put us in the best possible position to face any criminal sentence that might result from a conviction for habitual DWI. We want our clients to be engaged in preparing for worst case scenario so that we can work toward the best possible outcome.

Proving Habitual DWI

Elements of Habitual DWI in North Carolina

In order to prove habitual impaired driving, the district attorney must show:

The defendant was driving;
A vehicle;
On a public highway;
While impaired; AND
Has at least three prior convictions of impaired driving within the 10 years prior to the date of offense of the current impaired driving charge.

N.C.G.S. § 138.5. Proving Habitual DWI simply requires the additional component of there prior convictions within 10 years. The prior convictions need not be in North Carolina. The DA may be able to use convictions from other States or the Federal court system.

"The only one that made me feel important... the only one that made me feel like I was doing the right thing."

Watch the video and listen to Aileen Pearlman share her experience with Minick Law.

The testimonials and endorsements listed do not reflect all of the feedback the firm has received. Each case is unique and must be evaluated on its individual merits. Prior results do not guarantee a similar outcome.

DWI Resources

Tips & Resources from our NC DWI Lawyers

DUI DWI
Courtroom Etiquette

NC DWI FAQ

by Minick Law | Feb 28, 2020

Consequences of a DWI $ Will I go to jail if I am convicted of a DWI in North Carolina?...

DWI Basics and Definitions
by Minick Law | Feb 28, 2020
Limited Driving Privileges
by Minick Law | Feb 28, 2020
Was My DWI Charge / Stop Legal?
by Minick Law | Feb 28, 2020
Dismissing DWI / Fighting DWI Charge
by Minick Law | Feb 28, 2020
Consequences of a DWI
by Minick Law | Feb 27, 2020
I Got a DWI, What Do I Do? Take Extreme Ownership
by Minick Law | Feb 27, 2020

What To Wear To Court

by Minick Law | Apr 26, 2017

What To Wear To Court by Minick LawApr 26, 2017 Knowing what to wear to court, how to behave in...

What Should I Wear to Court?
by Minick Law | Jan 18, 2017
What Color To Wear To Court
by Minick Law | Jan 18, 2017
Can You Wear Jeans to Court?
by Minick Law | Jan 18, 2017
11 Tips First Court Appearance
by Minick Law | Sep 22, 2016
How To Talk To A Judge
by Minick Law | Aug 25, 2016
Courtroom Etiquette: What Should I Wear to Court & How Should I Behave?
by Minick Law | May 21, 2015

Download the Free Guide

Court Etiquette: The Essential Guide to Making a Great Impression at Your Court Appearance

Advice from lawyers on what to wear, how to behave, and how to talk to a judge.

Silver Lining Therapy

15:26 20 Mar 19

James Minick and his staff are extremely professional, personable, and genuinely concerned with helping people navigate the legal system to arrive at the best outcome. They offer so much value to clients - the blogs and vlogs are incredible! Their website is like an encyclopedia of DWI information and as an assessment and treatment provider, we often reference the blog and pass that value along to the people we serve. Legal issues are always stressful and anxiety producing, but Minick and his team keep things straight forward and transparent so you can breathe easier. Absolutely recommend their legal services!read more

Kate Boylan

20:30 14 Mar 19

Minick Law has been so supportive and helpful! Mr. Minick was easily accessible and talked me through my whole court proceeding. He always communicated that he had my best interest at heart and made sure that I understood every step of the process. I was lucky I found this law firm. They made me feel safe and taken care of while bringing a terrible life event to a close. I am so grateful!read more

Adam Sullivan

04:10 22 Feb 19

Amazing lawyer!!! Mr.Minick went above and beyond d to help me prepare for the case, including gathering evidence and helping me through every little detail. Fantastic communication! Very prompt and professional and can not thank him and the staff he has at Minick Law enough for getting me through this troubling ordeal!read more

Greg Grindstaff

16:15 21 Feb 19

I spoke with Mr. James K. Minick with regards to helping me get my driver's license reinstated. He was very respectful, upfront and honest with me. He basically saved me $2K or possibly more by being honest. Most attorneys would have their hand out wanting money and giving false hope. I truly appreciate Mr. Minick. I would highly recommend this law firm for any service that they offer.read more

madison poarch

19:42 05 Feb 19

They did an amazing job helping me out. I had come to them last min. and they still managed to get my citation dismissed. They were quick and what they charged me was less than my actual citation fee.

Jim Sherar

16:50 05 Feb 19

Jake and his staff were very professional in assisting us in a legal matter. Many thanks for the great and timely service to our family.

Nathan Britt

18:06 11 Jan 19

Attorney Minck is a great lawyer with an amazing staff. Attorney Minick walked me step-by-step through the process of getting my case handled pomptly (before my scheduled court date even) as well as getting the record expunged. Any questions I had along the way were always quickly and effectively answered through his stellar staff who were all very knowledgeable and helpful. I highly recommend Minick Law to anyone in need of legal consultation.read more

Alex Watson

07:31 19 Dec 18

Mr. Minick strives to offer an exceptional client experience. He succeeds by offering a thorough understanding of the law, compassion, and a team that communicates and cares for the client.No need to look for an attorney any longer, Minick surpasses the others with knowledge and the skills to passionately seek the most favorable outcomes.read more

James Easter

00:49 12 Dec 18

Strongly Recommend Attorney Minick & Minick law! He was an incredible asset during a very stressful time (DUI). Minick was always available to answer questions and very organized so I was in the know every step of the way. I can't speak highly enough of his representation and encourage anyone facing a DUI or otherwise to give Minick Law a call, you won't regret it (even if you regret whatever may be bringing you to his office!).read more

Jackson McCoy

21:12 27 Nov 18

I had a wonderful experience with Mr.Minick and his team. They made the court process very smooth. He is a great lawyer hands down.

Sarah Warren

00:52 29 Oct 18

I have an interlock device installed in my car due to a DWI and made an appointment with Mr. Minick after receiving a DMV notice stating that I was losing my license due to a violation on the device. It was a pretty high alcohol violation and my odds weren't looking favorable. He was able to get me in very quickly and each appointment I had with him before my hearing was very productive and thorough. The days before my hearing I still had a lot of documentation to complete and he was available over the phone/email even in the early morning and evenings to make sure we were as prepared as possible. I felt important and that he was doing everything in his power to make sure I kept my license. The hearing officer initially seemed like he was going to decide to revoke my driving privileges, but I could see him slowly begin to change his mind as Mr. Minick presented his argument. It was obvious that he'd spent a lot of time working on it. We ended up winning. I was very proud to have him represent me and highly recommend him.read more

Josh Valentine

21:24 25 Oct 18

Mr. Minick is an excellent DWI attorney who analyzes every aspect of the law to help fight your case. He truly cares about his clients and is prompt in his communication. If you have been charged with DWI, hire Mr. Minick--he's the best around.read more

Chelsea Dale

20:49 12 Oct 18

Mr Minick was so wonderful to me! He was incredibly patient with me (especially financially) and I know I was probably quite ridiculous, but he just made sure everything went perfectly for me anyways! If you're in a bad sitch, definitely head to Mr Minick. He's experienced, friendly, and damn good. Thank you!!!read more

Jacob Hansbury

14:24 10 Oct 18

I used Minick Law for a traffic violation and it was hands down the best experience I’ve had. Very courteous and professional staff. The process was quick and easy and gave me a tremendous sense of relief. Thank you!

EDDIE BROWN

19:34 08 Oct 18

I receive a speeding ticket in Asheville, NC about a month ago. I found Minick Law on the internet and chose them based on someone answering the phone instead of voicemail. I'm so glad they answered. Stephanie answered the phone and gave me all the information I needed in detail, which made it all the more easier to choose this firm. The results were just what I was hoping for and feed back was very prompt. I highly recommend Minick Law and will choose them if ever needed again.read more

Keith Maclean

14:35 01 Oct 18

I was allowing my 15 year old nephew to drive in Waynesville, N.C.. He had not received his permit yet, through no fault of his, and I was allowing him some experience. A lady pulled from a driveway on Mainstreet, and clipped our car. No charges were filed in the accident (limited damages), but I had inadvertently failed to renew my collision insurance the previous month, and, I was allowing an underage, unlicensed driver to operate a vehicle, a serious charge in N.C.. The insurance was back in force the next day, but the unlicensed driver charge could have been a Class 1 Misdemeanor, again, a serious charge. James arranged for these charges to be dismissed.I founded and build an Assisted Living Company whose Portfolio Value exceeds $40M, with over 500 employees. Our Corporate Legal Representation includes attorneys who bill $500+ an hour. The representation James provided was on par with these, and his results exceeded many of them.Thank you, James and Stephenie..!!read more

Susan Hudspeth

18:03 10 Sep 18

Our family always uses Minick Law for traffic violations, they are reasonable, attentive and have always taken care of everything to our benfit! It's great to have a true professional on your side when you need it!!

RICHARD POORE

12:25 17 Aug 18

I contacted Minick Law to help me expunge a 20 plus year old warrant that I didn't even know about. Their legal assistant and attorney took my information about the case over the phone and correspondence thru email and were able to take care of everything for me at a very reasonable fee. I was and am very pleased with their work. If you need good people on your side, definitely give Minick a call.read more

Kayla Hefner

00:21 14 Aug 18

James Minick office helped me feel better about my case, it was so easy and simple. He took all the stress away I had about my case and court by being very to the point and easy to get ahold of. His staff was always friendly and very quick with responses to questions I might had. I would recommend Minick Law to friends or family any day!read more

Eric Ell

14:51 13 Aug 18

Mr. Minick was very kind and professional. He made me feel comfortable and confident every step of the way, and in court he clearly knew everyone there and had arranged the result before I even spoke to the judge. Definitely worth the money for peace of mind.read more

Sandra Maynor

14:04 29 Jun 18

I highly recommend James Mimic. Always received quick responses to all my inquiries. James went above and beyond to help me recieve the best possible outcome to my situation. I can honestly say he is the best attorney I have ever had.

Jake Wolf

13:28 26 Jun 18

I've been very satisfied with Mr. Minick's legal services and his office staff's professionalism and communication. Attorney Minick is a great lawyer who advocates for his clients rights, and fights for them in court. In a world of lawyers being untrustworthy, Minick Law is a serious breath of fresh air. I'd recommend them to any of my friends and family who need criminal defense representation.read more

Kelly Cronin

13:17 23 Jan 18

I’m so happy I chose minick law to help with my traffic ticket. I received the best possible outcome and all for very reasonable price. They represented me in court which was great because I live two hours away ! They made this process easy and answered all my questions. I would highly recommend them and would absolutely use them again!read more

Floyd Tune

15:25 11 Jan 18

The name on my case is actually Raymond Thompson, Floyd Tune Same Person! Let me start by saying James Minick is a total professional and a top shelf lawyer quite possibly the best in the south east. Nc's best for sure. His representation of me proved that month after month. My case lasted 3 yrs not once did James lose faith, James would always keep me up to date about what was going on with my case. And in the end all charges were dropped. DUI/DRUGS, Carrying a concealed weapon, Open container and failure to maintain lane control.I had total confidence in James from the Get Go. If you need a lawyer and have any doubt about who you might want to hire I recommend James Minick 100% five star. Thank you once again James and if I should need it harder for anything in the future he would definitely be the one.read more

Susannah Frawley

18:46 17 Nov 17

Minick Law provided outstanding service! They were professional and went above and beyond in their dedication to work for the best possible outcome. They were warm, caring, and kind. They exceeded my expectations in every way--I can't recommend them highly enough!read more

Mathew Spencer

15:03 31 Oct 17

Being my first DWI, unfamiliar with Buncombe County where my incident occurred, and residing 6 hours away, I had to start out at step one upon finding trustworthy and professional representation. After much research, Minick Law topped my list. The Minick Law team is courteous, respectful, knowledgeable, EXTREMELY timely with responses and carry themselves with the utmost professionalism. I could not have selected a better attorney than James Minick. In the courtroom, he has a presence that carries respect, honor and heart. Being an attorney may be his technical profession, but truly caring about the client he represents speaks volumes in my book.read more

Sean Aikey

22:01 10 Sep 17

James and his staff were extremely outstanding from start to finish. The staff was great for getting back to me with any questions I had in regarding my case. James has great experience and always figured out ways to help in my case dealing with the federal court system. James always had the time to speak to me about everything and was very positive and friendly. I was from Charlotte and I recommend James for any case, and I will definitely use him again in any circumstances. Thanks James for a great job!read more

Our office continues to be available by phone during the hardships of COVID-19. The North Carolina Courts have issued a mandatory continuance of all non-emergency cases until at least April 16. Please call us at any time to discuss your case or charges.

HABITUAL DUI LAWYERS

Get your life back on track with our DUI defense team

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