Attorney
Most DWIs in North Carolina are charged as misdemeanors, but under certain circumstances, the charge can rise to a felony offense with far more serious consequences. Knowing what triggers a felony DWI and what options you have for defense can make a significant difference in protecting your future.
When a DWI Becomes a Felony
A standard DWI involves operating a motor vehicle while impaired by alcohol or drugs. However, some aggravating circumstances can elevate the offense to a felony. In North Carolina, the most common felony DWI charge is Habitual Impaired Driving.
You can be charged with a felony DWI if you:
- Have three or more prior DWI convictions within ten years of the current offense (Habitual Impaired Driving).
- Are involved in a DWI-related crash that causes serious injury or death (Felony Serious Injury or Death by Vehicle).
- Drive while revoked from a prior DWI and commit another impaired driving offense (which may lead to habitual driving while revoked charges).
Each of these situations significantly increases the potential penalties you face and how the court views your case.
Habitual Impaired Driving
Under N.C.G.S. § 20-138.5, a person who commits three or more DWIs within ten years commits the felony of Habitual Impaired Driving. This offense carries a mandatory minimum sentence of one year in prison, which cannot be suspended or replaced with probation. In addition to incarceration:
- Your driver’s license will be permanently revoked.
- The court may seize and forfeit your vehicle.
- You will have a permanent criminal record, which can impact your employment and housing opportunities.
Unlike misdemeanor DWIs, a felony DWI also places you under the jurisdiction of the Superior Court, which follows different procedures and sentencing rules.
Other Aggravating Circumstances
Even if your case doesn’t meet the threshold for a felony, certain aggravating factors can still increase your punishment level and influence the judge’s decision. The court considers these when determining punishment level, and some can tip the scales toward felony prosecution if they coincide with injury or death.
Aggravating circumstances include:
- Driving with a very high blood alcohol concentration (BAC), typically 0.15% or higher.
- Reckless or dangerous driving, such as speeding or fleeing from police.
- Having a minor in the vehicle at the time of the offense.
- Causing a crash that results in serious injury or death.
When an impaired driver causes a fatal accident, prosecutors may charge felony death by motor vehicle, which can lead to years in prison.
Consequences of a Felony DWI
A felony DWI conviction goes far beyond fines and license suspension. You may face:
- Prison time, from one year to ten, depending on the offense.
- Permanent license revocation with few opportunities for reinstatement.
- Vehicle forfeiture and significant fines.
- Substance abuse treatment requirements.
- Felony criminal record, which cannot be expunged.
These penalties can disrupt your life, limit career opportunities, and damage your reputation. The impact extends to your family and finances, especially if your license or livelihood depends on your ability to drive.
Defending Against a Felony DWI Charge
Every DWI case has unique facts, and an effective defense depends on a careful review of how the arrest was handled. A defense attorney can challenge:
- Whether the traffic stop was lawful.
- The accuracy and calibration of the breathalyzer or blood test.
- Whether officers properly followed DWI arrest procedures.
- The evidence of prior convictions being used to elevate the charge.
- Whether causation can be proven in cases involving injury or death.
In some cases, the defense may seek to reduce the charge to a misdemeanor or argue for treatment-based sentencing alternatives. Early legal intervention often gives you the strongest chance to protect your rights.
Protect Your Future with Sheffron Law Firm
A felony DWI charge can change your life forever, but you do not have to face it alone. At Sheffron Law Firm, we defend clients across North Carolina against serious DWI and traffic offenses. We’ll review every detail of your case and fight for the best possible outcome under the law.
Contact Sheffron Law Firm today to discuss your options and get the strong defense you deserve.
Frequently Asked Questions About Felony DWI in North Carolina
Can a first-time DWI be charged as a felony in North Carolina?
It’s rare, but yes. A first-time DWI can become a felony if it involves a serious injury or death, or if the driver was already under suspension for another DWI. These cases are prosecuted more aggressively than standard misdemeanors.
Is it possible to get a felony DWI reduced to a misdemeanor?
Sometimes. If the prosecution’s evidence is weak or procedural errors occurred, your attorney may be able to negotiate a plea to a lesser charge or challenge the use of prior convictions that raised the offense to a felony.
Can you ever get your license back after a felony DWI?
License reinstatement is possible in some cases after a long waiting period and compliance with DMV and court requirements, but it’s not guaranteed. You typically must complete your sentence, maintain sobriety, and petition the North Carolina Division of Motor Vehicles after several years. The process can be complex and requires strong legal guidance.