You face harsh consequences if you are convicted of DWI in North Carolina. Unfortunately, you also face the long-term consequences of having a criminal record. If you are facing DWI charges, you need to understand the penalties you face, how it could impact a subsequent conviction, and how long it will stay on your criminal record. Our Charlotte DWI lawyer explains more below.
What Is DWI in North Carolina?
It is against the law to drive while intoxicated on a street, highway, or public area, such as a parking lot in North Carolina. Under N.C.G.S. 20-138.1, it is considered a DWI offense to do any of the following:
- Drive while under the influence of an impairing substance
- Drive with a blood alcohol content (BAC) of 0.08 percent or higher
- Drive with any amount of heroin, marijuana, or other controlled substance
There are special DWI rules for individuals under 21 years old and commercial drivers:
- Anyone under the age of 21 years old who has any level of alcohol in their system can be charged with DWI.
- Commercial drivers with a BAC of 0.04 percent or higher can be arrested for DWI.
What Is the Punishment for DWI?
A first offense DWI would be charged as a misdemeanor, but a subsequent offense could be charged as a felony. North Carolina uses a complicated sentencing system that takes into account a number of factors, including a person’s prior criminal record. Depending on the number of mitigating and aggravating factors, an individual can be sentenced to up to 36 months in jail or prison and a fine of up to $10,000.
How Long Is a DWI on Your Record for Sentencing Purposes?
In terms of the sentence a person can receive if convicted of DWI, the court is allowed to consider their prior criminal convictions for DWI. This is referred to as the lookback period. It is the period of time a prior DWI remains on their record for sentencing purposes.
The lookback period in North Carolina for a misdemeanor DWI is seven years. For a felony DWI conviction, this time period would be increased to 10 years. Any convictions in another state would also be considered as part of the lookback period. Here are a few ways a DWI on a criminal record affects someone’s sentence:
- Their penalties would be increased due to the prior conviction during the lookback period.
- If a new DWI occurred within seven years of the first conviction, it would be charged as a misdemeanor. However, the person would be sentenced for a second offense, and the penalty could be harsher.
- If the individual had three or more prior convictions for DWI in the past 10 years, they would be sentenced as a felony habitual DWI.
- During the 10-year lookback period, if a person were convicted of two DWIs, the third DWI conviction would result in them being sentenced as a felony habitual DWI offender.
- If their last misdemeanor conviction was more than seven years before the current one, it would not be considered, and the person would be sentenced as a first offender.
- For a felony DWI conviction, it would not be considered in sentencing if it occurred more than 10 years before this DWI.
