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What We DoA DWI charge is serious on its own. If the case is charged as a felony, the stakes rise quickly. You may face prison time, the loss of your license, and a felony record that can affect work, housing, and other parts of your life long after the case ends.
North Carolina law uses the term driving while impaired, or DWI, rather than DUI. Most DWI cases are misdemeanors. Certain facts, though, can push a case into felony territory. If that’s happened in your case, the felony charge deserves a close look.
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Habitual impaired driving is one of the main ways a DWI becomes a felony in North Carolina. You can face this charge if you are accused of a new DWI and already have three or more qualifying impaired driving convictions from the previous 10 years. Habitual impaired driving is a Class F felony.
A serious crash can also lead to felony charges. If someone is badly hurt or killed and prosecutors believe impaired driving caused the crash, charges may include felony serious injury by vehicle, aggravated felony serious injury by vehicle, felony death by vehicle, aggravated felony death by vehicle, or repeat felony death by vehicle.
The exact charge depends on what happened, your record, and whether prosecutors can prove the required connection between the alleged impairment and the injury or death.
Penalties vary by felony. Habitual impaired driving carries a minimum active prison sentence of at least 12 months, and that sentence cannot be suspended. The vehicle involved in the offense may also be subject to forfeiture.
Prior convictions can reshape an entire DWI case. For habitual impaired driving, prosecutors look for three or more qualifying impaired driving convictions within the previous 10 years. In injury or death cases, a prior impaired driving conviction within seven years can also affect whether the state pursues an aggravated felony charge.
The dates and outcomes matter. An arrest is not a conviction, and not every old case will count the way the prosecution says it does. A defense attorney can review the record and make sure the state is relying on convictions that actually qualify under North Carolina law.
The criminal case is only part of the problem. Your driver’s license may also be at risk. A conviction for habitual impaired driving results in permanent license revocation in North Carolina. Other DWI convictions can also lead to lengthy revocation periods depending on your history.
Because license consequences can last far beyond the criminal case, consider them from the beginning rather than as an afterthought.
A felony charge is still an accusation. The state has to prove the case. The defense may start with the traffic stop itself. Your lawyer can examine whether police had a lawful reason to stop you, what officers observed, how they administered field sobriety tests, and whether they handled breath or blood testing correctly.
In cases involving a crash, the cause of the injury or death can become a major issue. Prosecutors have to prove more than impairment alone. They also need to connect the alleged impaired driving to what happened.
They may also need to examine prior convictions, especially if they are being used to support a habitual or aggravated charge. The strongest defense depends on the evidence in your case, not on a generic DWI strategy.
If you face a felony DWI charge, a lot is at stake. The sooner an attorney can review the evidence, your prior record, and the circumstances of the arrest, the sooner you can get a clearer picture of what you are dealing with. Contact the Law Office of Dewey P. Brinkley at (919) 832-0307 or use the online form to schedule a free consultation to discuss your case.
Certified Criminal Law Specialist by North Carolina State Bar.
Tried over 250 criminal cases in local courts.
Knows prosecution strategies from time as Assistant District Attorney.
Direct, responsive service from start to finish by Brinkley himself.
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