The decision to drink and drive takes only a moment to make, but the consequences of that decision can haunt you for the rest of your life. Jail sentences and fines are limited, but your driving while impaired (DWI) arrest and conviction can potentially remain on your driving and criminal record for the rest of your life. This makes a strong and vigorous defense against any DUI charges essential.
Aside from the shame and embarrassment you might feel from having one night’s bad decision, DWI records and their duration mean that you will not soon forget your mistake. Instead, your DWI record can make it difficult to take advantage of future opportunities and lead to future NC DWIs being punished more severely.
What Is a DWI Record and Why Does It Matter?
A DWI record is an official notation from state authorities that attests you have been arrested and convicted of DWI in North Carolina. These notations will appear on both your criminal record and your North Carolina driving record. Although the notations in each record pertain to the same DWI arrest and conviction, the two records are independent of each other.
In North Carolina, DWI convictions are synonymous with DUI convictions. Your criminal record will indicate if you have been arrested for DWI and whether that arrest resulted in a conviction.
Similarly, if you are arrested and submit to a breath or blood test, that event will appear on your official driving record along with an indication of whether you were convicted of DWI.
Your driving and criminal record can be accessed and seen by others under certain conditions. For example, when you go to apply for a job, your employer may review your driving record and criminal record before extending a job offer. If your potential employer sees DWI convictions while conducting your criminal record background check, they may decline to offer you a job.
Many individuals wonder, “Is a DWI a felony in North Carolina?” The answer depends on previous DWI convictions and the NC lookback period for DWI. Any future DWI arrests and charges could consider previous DWI convictions on your criminal record and state driving record.
If you have accumulated multiple misdemeanor DUI convictions, future DWI charges can be charged and prosecuted as felonies in some circumstances. For instance, your first DWI in North Carolina will be a misdemeanor offense unless there is serious injury or death caused by the impaired driving. However, if you accumulate four or more DWIs within ten years, any future DWI offense can be charged as a felony.
The penalties for a felony DWI are much more serious. Similarly, the impact of a felony DUI conviction on your driving record or criminal record can be significant.
You should note that even pending criminal charges can appear on your criminal record for some purposes. A pending DUI charge would stay on your record until it is either replaced by a DUI conviction or a DUI expungement occurs following a not guilty verdict.
How Long a DWI Stays on Your Record in North Carolina
If you are curious about DWI records and their duration, you may be disappointed to learn that a DWI is considered a serious offense in North Carolina. If you are asking, “How long does a DWI stay on your record in North Carolina?” the answer is simple: a DUI conviction will remain on your criminal record indefinitely.
A DWI on criminal record vs. driving record in NC operates to alert law enforcement agencies, prosecutors, courts, and others that you committed this offense. Because of how seriously North Carolina treats driving under the influence, state law says a DUI stays on your record for life.
You should be aware that although North Carolina’s DWI lookback period is only ten years for the purpose of a felony habitual DWI, your DUI stays on your record forever if you are convicted. If you ask someone, “How long does a DUI stay on my criminal record?” do not listen to that person if they say it falls away after ten years. It will continue to show up on criminal background checks and DMV records for the remainder of your life.
Consequences of a Long-Term DWI Record
The most immediate consequence of having DUI convictions on your driving record is that you will face more serious penalties for future DUI charges.
For example, a second DUI conviction often results in higher fines and longer potential county jail sentences than a first. In some states, a third DUI conviction is treated as a felony, no matter where the previous convictions came from. Felonies are typically punished by a state prison sentence.
The impact on your driving privileges also increases as you accumulate DUI convictions over time. Even a first DWI conviction will lead to a license suspension for one year in North Carolina. A second DUI offense can result in a driving license suspension for up to four years. Multiple DUI convictions can lead to longer license suspensions.
Finally, car insurance companies will often increase your insurance premiums after a DUI conviction because drunk driving is considered risky behavior. Subsequent convictions will cause your premiums to increase even more, and many insurance companies will refuse to insure repeat offenders entirely.
Remember that these consequences last longer than ten years. Although NC will not consider DUI convictions older than ten years when determining sentencing for subsequent offenses, convictions remain on your record forever.
Can You Remove or Seal a DWI Record in North Carolina?
How long does a DUI take to expunge or seal? In general, the expungement process allows individuals with certain criminal convictions on their criminal records to have those records removed. This prevents employers from seeing these convictions.
There is no NC DWI expungement eligibility, no matter how long ago your DWI occurred, if you were convicted of the charge. North Carolina DWI laws do not permit any person convicted of DWI to have those DUI records expunged, removed, or sealed from view. There is no leniency or exception to this general rule, no matter your age, alcohol level, or how successful you were on probation.
“How long does a DWI stay on your driving record in North Carolina?” The answer is the same for your DMV record. Like with your criminal record, North Carolina law does not permit you to remove a DUI conviction or associated entries from your driving history. Nor would a DUI conviction fall off your record over time.
The only way to have any DWI-related offense expunged or removed from your criminal record is if the DWI was dismissed by the state or a judge, or were found not guilty. In this case, you could petition to have your DUI arrest record removed from view. The expungement would also destroy any public DUI records associated with your arrest, prosecution, and trial.
How a DWI Affects Background Checks and Future Opportunities
Many employers will conduct a background check as part of their pre-employment hiring process. This will usually consist of reviewing your criminal history and could also involve checking your driving record, depending on the position. Because a NC DWI/DUI conviction will stay on your record forever, your potential employer will see this and can decide not to offer you the job.
You are likely to face significant hurdles with a DWI on your driving record if you are looking for employment as a professional driver. Insurers for trucking companies and businesses that employ delivery drivers will often not cover individuals who have a recent DUI conviction on their criminal record. Thus, you may not be eligible to obtain a commercial driver’s license with a recent DUI conviction.
No matter the type of job you are seeking, felony DUI convictions are often seen by employers in the same light as any other felony charge. Thus, an employer who does not generally hire convicted felons will likely be hesitant to hire someone with a felony DUI on their record. The hurdles to obtaining employment will only increase if you went to state prison as a result of your DUI.
Additionally, your DUI arrest and conviction can make it difficult to obtain and keep a professional license. Criminal offenses like DWI can indicate poor judgment and self-control, and the boards that issue licenses to doctors and lawyers may decide to take disciplinary action against holders of professional licenses because of DWI convictions.
Strategies to Lessen the Impact of a DWI Record
Because it is impossible to get a conviction for DUI expunged in North Carolina, your DUI conviction can continue to impact you and your life for years to come. However, there are ways to make the impact of the DWI offense on your life less severe. These strategies include:
Be Honest When Asked About a DUI Conviction
Because your DWI conviction cannot be expunged and will be a part of your criminal record for life, it is generally not in your interest to try to hide it from employers or others who ask about it. If you are in a job that requires you to report felony or misdemeanor convictions, it is typically best to be forthcoming and do so promptly. Get legal support from a qualified attorney if you have questions.
Practice Safe Driving and Avoid Future Convictions
A DUI stays on your criminal record forever; however, its impact lessens over time if you avoid committing other traffic or criminal acts behind the wheel. An employer who conducts background checks may be more forgiving of previous DUI charges if they happened long in the past and appear to be isolated events.
Conversely, employers and others are less likely to forgive subsequent offenses, especially if they occur after you have completed the sentence for a previous DUI offense. Other prior convictions can also speak negatively to your character and reformation.
Have Your DWI Arrest Expunged, if Eligible
Even having a DWI arrest on your record can cause unnecessary problems, even if the arrest occurred long ago. While convictions will stay on your NC criminal record indefinitely, DWI arrests that did not lead to a conviction do not have to. Take advantage of the DUI expungement process for arrests that did not lead to a prosecution or guilty finding by the court.
How long does a DUI affect your life? The answer depends in large part on how your DUI charges are resolved and your ability to keep your driver’s license clear moving forward.
Discuss Your Case With an Experienced DWI Defense Attorney
DWI convictions in North Carolina can have profound and long-lasting effects on your freedom, finances, and your driver’s license. They remain on your criminal record forever, alerting law enforcement officers, employers, and others to your past. The consequences of a DUI stay with you, affecting future criminal proceedings and employment opportunities you might have.
“How long does a DUI stay with you?” It can be a long time, which is why when you are facing DUI charges, you need help from an experienced criminal defense attorney. You may have one or more valid defenses in your North Carolina DUI case that can affect the outcome of your charges.
The most effective way to avoid creating a DUI record with the Department of Motor Vehicles is to avoid a DUI conviction.
Contact Hiltzheimer Law Office today and request a free consultation to discuss your situation and how we can assist you in combating your DWI arrest and charges.
