What are the consequences of having multiple DWIs in North Carolina?

One lapse in judgment can happen to anyone. But when it comes to drunk driving, the legal system is far less forgiving of repeat mistakes. In North Carolina, multiple DWI convictions trigger a cascade of criminal and administrative penalties that only intensify with each offense. 

If you're facing a second, third, or even fourth drunk driving charge, it's crucial to understand the road ahead—and the long-term costs to your freedom and future. You also need the help of our experienced North Carolina DWI attorneys, who can explain your options and mount an aggressive defense to fight your DWI charges.

When Does a Prior DWI Count as an Aggravating Factor in North Carolina?

Under N.C.G.S. § 20-138.1, you could be charged with driving while impaired (DWI) for driving while under the influence of an impairing substance, such as alcohol or drugs, or with a blood alcohol content (BAC) of 0.08% or higher. North Carolina uses a complicated system of mitigating and aggravating factors to be considered when sentencing you if you’re convicted of DWI.

Under our state’s laws, a previous DWI misdemeanor conviction counts as an aggravating factor if it occurred within seven years of the current offense date. This is referred to as the "look-back" period. For habitual felony DWI charges, the look-back period is 10 years.

But multiple DWIs are just one of many aggravating factors that can elevate the DWI penalties for a drunk driving charge. In North Carolina, these aggravating factors lead to harsher fines, longer jail time, and additional penalties:

• You have prior DWI convictions within seven years.
• You were driving with a BAC of 0.15% or higher.
• You were driving with a revoked license due to a prior impaired driving offense.
• You caused an accident resulting in someone’s serious injury.
• You had a child under 18 in the vehicle, which also triggers separate child endangerment charges.
• You were charged with reckless driving in addition to drunk driving. 
• You were speeding at least 30 mph over the limit.
• You passed a school bus illegally while impaired.

Why does this matter? Aggravating factors give prosecutors leverage to pursue a more severe punishment level. North Carolina has six misdemeanor DWI sentencing levels, ranging from Level 5 (least severe) to Level 1 and Aggravated Level 1 (most serious). By default, a standard first offense is sentenced at Level 5, which carries a minimum $200 fine and 24 hours to 60 days in jail.

However, if you have a prior DWI conviction within the seven-year look-back window, the new charge automatically gets bumped up by at least one punishment level—even for a second offense. With multiple aggravating factors, you could face Level 1 or Aggravated Level 1 sentencing, which means:

• Mandatory minimum 30 days in jail
• 12 to 36 months maximum jail sentence
• $4,000 maximum fine
• Monitored abstinence from alcohol and drugs
• Substance abuse assessment and recommended treatment
• Driver’s license suspension 
• Other discretionary conditions, like community service
• The judge ultimately decides the punishment level based on the balance of aggravating and mitigating factors. But make no mistake: When a prior DWI is in play, the stakes get higher—and the state has more tools to push for harsher punishments.

What Happens When You Get a Second DWI in North Carolina?

A second DWI conviction within seven years of the first carries a minimum fine of $2,000 and a maximum fine of $4,000, plus a mandatory minimum jail term of 7 days and a potential term of up to 12 months in prison. Sentencing depends on aggravating factors like your BAC at the time of arrest and whether you had a child in the vehicle.

In addition to criminal penalties, a second DWI triggers these administrative consequences:

• License revocation. You could face a four-year revocation of your driver's license.
• Ignition interlock. After your license is restored, you will be required to install a mandatory ignition interlock device on your vehicle.
• Substance abuse assessment. You will be required to undergo a court-ordered evaluation and participate in a recommended treatment or education program.

Is a Third DWI Considered a Felony in North Carolina?

In North Carolina, a third DWI is typically charged as a Level One misdemeanor—the most serious misdemeanor category. However, any DWI offense after the third is elevated to a felony under the state's habitual DWI statute.

Penalties for a third misdemeanor DWI conviction within 10 years include:

• Mandatory minimum 30-day jail sentence
• Up to 24 months in jail, depending on aggravating factors
• $10,000 maximum fine
• Permanent license revocation with no opportunity for reinstatement
• Seizure and forfeiture of your vehicle

What Are the Consequences of a Fourth DWI in North Carolina?

In North Carolina, a fourth DWI charge within 10 years is elevated to a felony-level offense under the state's habitual DWI statute, N.C.G.S. § 20-138.5. Notably, the 10-year look-back period is measured from the dates of the offense, not the conviction dates. And out-of-state or federal DWI convictions count toward habitual offender status.

A habitual DWI charge is a Class F felony, which carries severe mandatory penalties:

• Minimum of 12 months to 59 months in prison 
• Up to $10,000 in fines
• Permanent revocation of your driver's license
• Possible vehicle seizure
• Felony criminal record

Let Our North Carolina DWI Attorneys Fight for Your Future 

Don't let one—or even several—bad choices derail your entire life. The enduring consequences of multiple DWI convictions can impact your employment prospects, housing options, and personal relationships for years to come, long after you serve your sentence. 

Repeat DWI charges demand aggressive legal representation. Our knowledgeable North Carolina DWI attorneys can identify weaknesses in the state's evidence, challenge chemical test results, raise violations of your constitutional rights, and negotiate for reduced charges or alternative sentencing arrangements. We’ll do everything we can to fight the charges you face and help you achieve the best possible outcome in your criminal case.