When Is a DWI Considered a Felony Under NC Law?
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Category Charlotte DWI Attorney, Charlotte DWI Lawyer, DUI/DWI, DWI
Monday, July 1, 2019
Many offenses for driving while impaired (DWI) are misdemeanor offenses in the state of North Carolina. A conviction for such an offense can result in jail time, serious fines, and suspension of your driver’s license. A felony DWI charge, however, is much more serious. If you are facing such a charge, there is no room for error when it comes to your defense.
If you’ve been charged with felony drunk driving, you need someone to fight for your rights. The Charlotte DWI attorneys at Randall & Stump, Criminal Defense Attorneys can help you face your charges and get the outcome you deserve. If you’d like to discuss your case, call us at (980) 237-4579, or fill out our online contact form to request a free consultation.
Drunk Driving Charges in NC
In North Carolina, you can be charged with DWI if you are operating any vehicle with a blood alcohol content (BAC) of .08% or higher. However, North Carolina has a zero-tolerance policy for drivers under the age of 21, meaning that if you fall into this category, you can be charged with DWI with any amount of alcohol in your system.
However, you can also be charged with DWI if you are impaired while under the influence of prescription drugs or a controlled substance. In determining impairment, the officer can rely upon their observations of your physical appearance, your driving ability, and how you performed on field sobriety tests.
Felony DWI in North Carolina
There are two situations where DWI can be charged as a felony in NC:
Repeat Drunk Driving Offenses
If you are considered a habitual DWI offender as determined by North Carolina law, any new drunk driving charges will be classified as felonies. In order to be considered a habitual DWI offender, you must have been convicted of three or more DWI offenses in the past 10 years. This would include any DWIs under the age of 21, or DWI offenses related to drugs.
DWI-Related Fatalities
If you are charged with death by vehicle because you allegedly killed someone in an accident while you were driving while drunk, you could face felony-level charges.
Additional DWI Felony Charges
Beyond habitual DWI and DWI-related fatalities, other felony charges may arise in North Carolina, depending on the circumstances:
- Felony Serious Injury by Vehicle: This charge applies if you unintentionally cause serious injury to another person while driving impaired, and impairment was the proximate cause of the injury. It is classified as a Class F felony and carries significant penalties, including incarceration.
- Aggravated Felony Death by Vehicle: This Class F felony occurs when you unintentionally cause a fatality while impaired and have a prior DWI conviction within the last seven years. This charge often results in harsher penalties than felony death by vehicle.
- Aggravated Felony Serious Injury by Vehicle: Similar to aggravated death by vehicle, this Class E felony applies when you cause serious injury and have a prior DWI conviction within seven years.
- Misdemeanor Death by Vehicle: If you unintentionally cause a death while violating a traffic law, even if you were not impaired, you could be charged with this Class A1 misdemeanor. While not a felony, the consequences are still severe and require a strong legal defense.
Consequences of a Felony DWI Conviction
If charged as a habitual offender, your DWI will be classified as a class F felony. Death by vehicle is considered a class B2 or D felony, depending on the facts of your case and your criminal history. Potential penalties for convictions on these offenses include:
Class B2 Felony
- 94 to 393 months in prison
Class D Felony
- 38 to 160 months in prison
Class F Felony
- 10 to 41 months in prison
Penalties for Habitual DWI Offenses
Beyond related court costs, North Carolina law imposes strict penalties for habitual DWI offenders, which can include:
- Mandatory Prison Sentences: Convictions often carry a mandatory sentence ranging from 12 to 59 months. These penalties are non-negotiable for habitual offenders.
- Permanent License Revocation: A habitual DWI conviction can result in the permanent suspension of your driver’s license, removing your right to drive indefinitely.
- Vehicle Seizure: If certain conditions are met, the state may confiscate the vehicle you were driving at the time of your arrest. This is particularly common if the vehicle is registered in your name.
- Mandatory Alcohol Treatment Program: During incarceration, you may be required to participate in an alcohol treatment program as a condition of parole.
Other Consequences for DWI Convictions
The impact of a felony DWI conviction extends beyond jail time, fines, and license suspension. A felony record can follow you for the rest of your life, affecting your ability to:
- Secure employment, especially in fields requiring professional licenses or background checks
- Rent or purchase housing, as landlords and lenders often scrutinize criminal records
- Obtain loans or financial aid, particularly for higher education
- Maintain relationships and social standing within your community
A felony conviction can feel like a permanent barrier to moving forward, which is why a strong legal defense is critical.
Fighting a Felony DWI in North Carolina
A Charlotte DWI defense attorney can fight for you to get a fair result by challenging the prosecution’s case against you. Possible defenses they may be able to raise in your case include:
- Your constitutional rights were violated
- The breathalyzer equipment was not properly calibrated
- The officer was not properly trained in testing your BAC
There may be other defenses available, but the appropriate strategy will depend on the facts and circumstances of your case.
Contact a Charlotte DWI Attorney for Help
When you’re facing felony DWI charges in NC, the attorneys at Randall & Stump, Criminal Defense Attorneys have the experience and knowledge you need for your case. You’re facing serious time behind bars, fines, revocation of your driver’s license, and more. The sooner you speak with an attorney, the better. Call us today at (980) 237-4579, or visit our online contact form to schedule a free and confidential evaluation of your case.