Being charged with impaired driving multiple times in Charlotte can lead to significantly elevated consequences under habitual DWI NC laws. Individuals classified as habitual offenders face felony charges, mandatory prison sentences, and a permanent revocation of driving privileges.
You must take the charges very seriously if you've been arrested for a third or subsequent DWI. Here, our experienced Charlotte DWI lawyers at Browning & Long, PLLC, explain what you need to know about the felony charges you face and how we can mount an aggressive defense strategy to help you achieve the best outcome in our criminal case.
When Could You Face Habitual DWI Charges Under NC Law?
Under N.C.G.S. § 20-138.5, a person is considered a habitual DWI offender if they have been convicted of three or more offenses involving impaired driving within 10 years. This 10-year period is measured from the offense dates, not the conviction date.
To convict you as a habitual DWI offender in NC, the prosecutor must prove several key elements beyond a reasonable doubt.
- You are guilty of the current DWI charge under N.C.G.S. 20-138.1, which defines the offense of driving while impaired
- You have at least three prior convictions for impaired driving offenses
- The prior convictions occurred within 10 years, measured from the offense date of the current DWI charge, not the conviction dates of the previous offenses
- The prior convictions involve similar conduct as defined in N.C.G.S. 20-4.01(24a), which defines impaired driving as driving under the influence of alcohol or drugs or with a blood alcohol content of 0.08% or higher.
It's important to note that the prior convictions do not have to occur in North Carolina to count towards habitual offender status. Impaired driving convictions from other states, as well as convictions for federal driving while impaired offenses, are included in the calculation.
Additionally, certain other DWI-related felony convictions, such as habitual impaired driving and felony death by vehicle involving impairment, can also contribute to the three strikes needed for habitual offender classification.
Penalties and Mandatory Prison Sentences for Habitual DWI Offenders
While a standard first-offense DWI is a misdemeanor in North Carolina, a habitual DWI charge in NC is automatically elevated to a Class F felony. This is a significant escalation in the severity of the offense and the associated penalties you face.
A Class F felony DWI conviction carries a mandatory active prison sentence. Even for the lowest level of punishment, the minimum sentence you would face is 12 months in prison. If you are considered a highest-level repeat DWI offender, you could be sentenced to up to 59 months behind bars.
Unlike misdemeanor DWI sentences that can be suspended in favor of probation, you must serve your sentence in prison as a habitual offender, even if it's your first felony conviction. In addition, you could have to pay a fine of up to $10,000.
If you’re convicted of a felony DWI, there will be other long-term consequences in your life. Here are a few of the ramifications:
- You would also face a lifelong revocation of your driver’s license.
- You could have your vehicle seized.
- You would have a permanent criminal record.
How a Skilled DWI Defense Lawyer Can Help Protect Your Future
The stakes in a habitual DWI case are incredibly high. With your freedom and ability to drive on the line, it's critical to have an aggressive legal advocate in your corner. At Browning & Long, PLLC, our attorneys have extensive experience defending clients facing felony DWI charges and habitual offender status.
We’ll do everything we can to fight the charges you face. Our knowledgeable DWI defense lawyers will carefully scrutinize every aspect of the traffic stop, arrest, testing procedures, and prior convictions to identify weaknesses in the prosecution's case. In some situations, we may be able to challenge the validity of previous convictions, making habitual offender penalties inapplicable. We will also raise all your defenses, work to suppress evidence, and negotiate alternative sentencing options that keep you out of prison.
