Driving while impaired (DWI) is a criminal offense that involves operating a motor vehicle while under the influence of drugs or alcohol. Throughout many states in the country, an impaired driving offense often involves proving that the driver had a blood alcohol concentration (BAC) above the legal limit of 0.08%. That is the case in North Carolina as well.
North Carolina DWI laws are strict, and breaking them carries severe consequences because the offense is considered a criminal act. But is a DWI a felony in North Carolina?
In most cases, offenses involving impaired driving in the state are treated as misdemeanors, but if there are aggravating factors, you can be charged with a felony, which could result in jail time (which is also true when certain factors are present in misdemeanor DWI charges).
If you have been charged with a North Carolina felony DWI, it’s essential to hire a DWI defense attorney as soon as possible. The legal consequences you face could put your freedom at risk. Here’s what you need to know about felony DWI charges in North Carolina and why legal representation is so important.
Understanding When a North Carolina DWI Becomes a Felony
When does a DWI become a felony in North Carolina? Typically, a DWI in North Carolina will be seen as a misdemeanor. If certain aggravating factors are present at the time of the arrest, however, the charges can be elevated to either an aggravated misdemeanor or, in some cases, a felony DWI.
You could be dealing with felony charges if you cause serious injury with your vehicle while intoxicated or if you are convicted of DWI numerous times during a specific time period. The differences between misdemeanor vs. felony DWI in NC are stark, so understanding what each type of charge could mean can help protect your freedom and driving privileges.
Habitual Impaired Driving and Repeat DWI Offenses in North Carolina
If you commit multiple DWI offenses in North Carolina, you can face a felony charge if you are classified as a habitual offender. Habitual impaired driving in North Carolina requires you to have been convicted of three or more DWI offenses in the past 10 years prior to the current case. These offenses could include drug-related DWIs and charges that occurred when you were under 21.
If you’re charged with a repeat DWI felony in NC, you can face a minimum mandatory jail sentence of 12 months. You will likely not be able to get a suspended sentence, and it’s possible for the jail term to be increased up to 62 months, depending on whether there were further aggravating factors. You could also face a permanent license revocation in the state, and your car may be seized and sold.
When a DWI Accident Involving Injury or Death Leads to Felony Charges
One of the factors that could heighten the charges is if you caused a felony serious injury. This is a Class F felony, which can carry jail time depending on your record and the discretion of the sentencing judge. You can also be charged with a Class D felony if you cause a fatality, which can involve an active prison sentence of between 38 and 204 months.
Grossly aggravating factors, like driving on a license suspended as a result of a prior DWI or having a child under the age of 18 in the vehicle at the time of the crash, can increase DWI felony penalties in NC.
How Aggravating Factors Influence DWI Consequences in North Carolina
Aggravated DWI charges in NC can result in much more severe consequences. Common aggravating factors that could impact the penalties you face include:
- Having a BAC of 0.15% or higher
- Driving recklessly
- Illegally passing a school bus
- Attempting to elude police
- Speeding
- Causing an accident resulting in property damage
There are also grossly aggravating factors that could seriously affect the consequences you face. These factors include:
- Causing serious injury
- Having a child under the age of 18 in the vehicle
- Driving with a revoked license that was revoked as a result of a DWI
- Having a passenger with a mental or physical disability in the vehicle
- Having a prior DWI conviction in the previous seven years
For DWI sentencing in North Carolina, the court will look at all of the aggravating factors that are present, along with mitigating factors. If mitigating factors substantially outweigh the aggravating ones, then that can help to reduce the sentence you face.
Mitigating factors include having a BAC very close to the legal limit at the time of the arrest, receiving voluntary substance abuse treatment, and having a clean driving record up until the arrest.
If there are no mitigating factors or there aren’t enough of them to outweigh the aggravators, you can expect much steeper DWI conviction penalties in North Carolina, including longer jail sentences, higher fines, and the suspension or permanent revocation of your driver’s license. If the restoration of your driving privileges is possible, you may need to maintain sobriety for years before being eligible to drive again.
The Long-Term Consequences of a Felony DWI Conviction
If you’re convicted of felony drunk driving charges in NC, you will have a criminal record. A felony DWI conviction generally cannot be expunged from your record, so employers will be able to see the conviction when running background checks. You may also lose any professional licenses, since some state licensing boards have strict rules regarding criminal records.
Holding any job can be more difficult if you can’t drive. Your driver’s license may be suspended for years or permanently. If you do retain or are able to reinstate the license, you will usually need to install an ignition interlock device in your vehicle at your own expense.
You may struggle with housing, too, since many landlords don’t accept applications from people who have felony convictions. Some of your civil rights can also be affected. You won’t be allowed to own a firearm and could be prevented from international travel, since numerous countries don’t allow entry to convicted felons.
It’s possible to face immigration problems if you’re not a citizen of the United States. Denial of permanent residency, refusal to grant citizenship, or even deportation could be possible.
Additionally, there is a significant financial burden associated with North Carolina impaired driving penalties and their aftermath. You might face high court costs, and if you are able to reinstate your license after serving time, you will have much higher insurance premiums.
What to Expect During a Felony DWI Court Process
The process begins with the arrest. During the booking, you will typically be fingerprinted and processed. You will then have a first appearance, which is your first court date.
The judge will read your charges and advise you with respect to your right to counsel. Bail will typically be set, and in most instances you will have an opportunity to post bond in order to secure your release while the case is pending. Pre-trial supervision may be requested, as well as an ignition interlock device for your vehicle in more serious cases.
Felony DWI cases will almost always be indicted and moved to Superior Court. The prosecution will present evidence to a grand jury, which will then almost certainly return an indictment, which is the formal procedure for moving the case from District Court to Superior Court. In that case, pre-trial procedures begin, including discovery, motions, pre-trial hearings, and trial in some cases.
In some instances, the right option may be to negotiate for a plea agreement. An attorney experienced in DWI criminal defense in North Carolina can advocate for you with the District Attorney. A plea agreement could help you avoid some of the most serious consequences. If no plea is reached, your case may ultimately head to trial.
Evidence and Legal Issues That Can Affect a Felony DWI Case
The prosecution may rely on numerous types of evidence to prove that you are guilty of driving under the influence. For example, you can expect chemical test results to play a significant role in the trial. Blood test results are usually used for cases involving injuries or deaths, while breathalyzer readings could work for less severe accidents.
The prosecution may also provide information on what the arresting officer saw when they stopped you. This involves proving that you were the one driving, and dash-cam or body-cam footage could be used to show you were impaired.
You may have several defenses available against these charges, such as how the evidence against you was obtained. For example, if there was no legal reason for the police officer to stop your vehicle, any roadside sobriety tests they conducted during the traffic stop could be thrown out. The same is true if you were not read your rights correctly.
Your lawyer can also challenge the chain of custody for the various test results that may be used against you. If there were any breaks in that chain of custody, or if there are doubts about the accuracy of the instruments used to get the results, your lawyer can fight to have them excluded.
How a North Carolina DWI Attorney Can Help With Serious Charges
So is a DWI a felony in North Carolina? It can be if there are aggravating factors, so if you’re facing these charges, you need an attorney to assist you. A DWI attorney can effectively investigate the incident that led to your arrest and bring reasonable doubt into the accuracy of blood and field sobriety tests.
If it is not possible to have evidence excluded, a DWI attorney will do everything they can to offer mitigating factors that could reduce the penalties you face. In many instances, they can obtain plea deals that can limit jail time and other consequences.
At Hiltzheimer Law Office, our award-winning team of North Carolina DWI lawyers can provide the ongoing support you need as you face felony charges. We have extensive litigation experience with a focus on criminal defense that we can put to work on your behalf. Contact us to speak with an aggressive lawyer about your charges.