Dare County DWI Lawyer (Nags Head, Kill Devil Hills, and Hatteras Island)

Charged With DWI in Dare County?

A DWI charge from Nags Head, Kill Devil Hills, Kitty Hawk, Southern Shores, Duck, Manteo, or Hatteras Island is heard in Dare County court at the Dare County Justice Center, 962 Marshall Collins Drive in Manteo. It does not matter whether a town police officer, a deputy from the Dare County Sheriff’s Office, or a state trooper made the arrest.

Most Dare County DWI stops happen on a handful of roads: US 158 (the Bypass), NC 12 (the Beach Road), US 64 across Roanoke Island, and NC 12 on Hatteras Island. In summer, many of the drivers stopped are visitors a few miles from a rental house.

Daniel Donahue is a Board Certified Specialist in State and Federal Criminal Law, certified by the North Carolina State Bar Board of Legal Specialization. He is the only board-certified criminal law specialist based in Dare County. He holds NHTSA certification in standardized field sobriety testing, and he handles DWI cases in Dare County court from his office in Nags Head.

Charged with DWI in Dare County? Call or text Donahue Defense at 252-715-5785. Some deadlines run in the first 10 days.

What Happens After a Dare County DWI Arrest

• You are taken before a magistrate. With a result of 0.08 or more, or a refusal, a civil revocation of at least 30 days is ordered under N.C.G.S. Section 20-16.5, and you pay a $100 fee to get your license back afterward.
• You can request a hearing to contest the civil revocation within 10 days.
• After at least 10 days of a 30-day revocation, you may qualify for a pretrial limited driving privilege if you obtain a substance abuse assessment and meet the other requirements.
• A refusal also brings a separate 12-month revocation from NC DMV. See refusal and license revocation.
• Your case proceeds in Dare County District Court in Manteo.
• If you are convicted, a first offense brings a one-year revocation, and the judge sentences you at one of six DWI sentencing levels.

DWI in Parking Lots, at Beach Accesses, and on the Beach

North Carolina’s DWI statute, N.C.G.S. Section 20-138.1, applies on any highway, street, or public vehicular area. Under N.C.G.S. Section 20-4.01, a public vehicular area includes parking lots at stores, restaurants, and similar businesses, and any beach area used by the public for vehicular traffic. So a DWI charge in Dare County can come from a restaurant parking lot or a stretch of beach open to vehicles, not only from the Bypass or the Beach Road.

State DWI or Federal OUI?

Large parts of Dare County are National Park Service property, including Cape Hatteras National Seashore, the Wright Brothers National Memorial, and Fort Raleigh. An impaired driving charge from a park ranger there is a federal case, not a Dare County case, and it is handled in federal court. We handle those too. See federal charges in the Outer Banks.

Evidence in Dare County DWI Cases

Roadside field sobriety tests here are often given at night on the shoulder of the Bypass, in wind, or on sand, and those conditions matter when the results are evaluated. North Carolina uses the EC/IR II for evidentiary breath tests, and the results are admissible only if the testing rules were followed. See breath tests and field sobriety tests.

Stopped on the sound or in an inlet? See boating while impaired. Under 21? See underage DWI.

Visiting Dare County From Out of State?

From June through September, about two in three of our clients live outside North Carolina. A North Carolina DWI conviction is reported to your home state, which applies its own law to your license there. For what that would mean for your home license, check with your state’s licensing agency or a lawyer licensed there. See out-of-state DWI for the North Carolina side.

How We Can Help

• Explain what a Dare County DWI could mean for your license, your record, and your insurance in North Carolina, and what North Carolina reports to your home state
• Help you request a hearing or a pretrial limited driving privilege within the deadlines
• Obtain and review the evidence, including video and breath or blood test records
• Evaluate field sobriety testing against the NHTSA standards officers are trained on
• Tell you early which Dare County court dates need you in person
• Communicate in Spanish through our legal assistant, Kaitlyn Fernandez

Dare County DWI FAQs

Where is court for a Dare County DWI?

At the Dare County Justice Center, 962 Marshall Collins Drive, Manteo, NC 27954.

Can I be charged with DWI in a parking lot or on the beach?

Yes. A business parking lot and a beach used by the public for vehicular traffic are public vehicular areas under North Carolina law, and the DWI statute applies there.

A park ranger arrested me. Is that a Dare County DWI?

No. A charge from a National Park Service ranger is a federal case. See federal charges.

Do I have to come to court?

It depends on your case and how it is resolved. If your case goes to trial, plan to be there. We will tell you early which dates need you in person.

I was charged in Corolla. Is this the right page?

Corolla and Carova are in Currituck County. See Currituck County DWI.

Talk to a Dare County DWI Lawyer

If you were charged with DWI in Dare County, call or text 252-715-5785. We will explain what happens to your privilege to drive in North Carolina and what comes next in court. Got a ticket instead? See Dare County speeding tickets. Se habla español.

Please do not include confidential or sensitive information in a contact form, text message, or voicemail.

This page is general information about North Carolina law, not legal advice for your situation.