Is a DWI a Felony in NC?
In the state of North Carolina, driving while impaired (DWI) is a serious offense that can have severe consequences. If you are facing a DWI charge, it’s essential to understand the laws and penalties associated with it. In this article, we will answer the question: Is a DWI a felony in NC?
What is a DWI in NC?
In North Carolina, a DWI is defined as operating a motor vehicle while impaired by alcohol or drugs. The state uses a blood alcohol content (BAC) of 0.08% as the legal limit for drivers 21 years old or older. For drivers under 21, the legal limit is 0.04%. If you are caught driving with a BAC above the legal limit or if your driving is impaired by drugs or a combination of drugs and alcohol, you can be charged with a DWI.
Is a DWI a Felony in NC?
No, a DWI is not a felony in North Carolina. However, it can be charged as a felony under certain circumstances. A DWI is typically a misdemeanor offense, punishable by a fine and/or imprisonment.
Felony DWI Charges in NC
A DWI can be charged as a felony in North Carolina if you meet one of the following criteria:
• Fourth or subsequent DWI offense: If you have three or more prior DWI convictions, you can be charged with a felony DWI.
• DWI with a child in the vehicle: If you are driving impaired with a child under 18 years old in the vehicle, you can be charged with a felony DWI.
• DWI with a prior felony conviction: If you have a prior felony conviction, including a felony DWI, you can be charged with a felony DWI.
• DWI causing serious injury or death: If your impaired driving causes serious injury or death to another person, you can be charged with a felony DWI.
Penalties for Felony DWI in NC
If you are convicted of a felony DWI in North Carolina, you can face the following penalties:
| Penalty | Misdemeanor DWI | Felony DWI |
|---|---|---|
| Fine | Up to $2,000 | Up to $25,000 |
| Imprisonment | Up to 120 days | 4-13 months |
| License Revocation | 1 year | 1-5 years |
Consequences of a DWI Conviction in NC
A DWI conviction in North Carolina can have severe consequences, including:
• Fines and fees: You may be required to pay fines, court costs, and attorney fees.
• Imprisonment: You may be sentenced to imprisonment, which can range from a few days to several months.
• License revocation: Your driver’s license may be revoked for a period of time, which can range from 1 to 5 years.
• Insurance increases: Your insurance rates may increase significantly after a DWI conviction.
• Job and education impacts: A DWI conviction can impact your job and education opportunities.
Defending Against a DWI Charge in NC
If you are facing a DWI charge in North Carolina, it’s essential to work with an experienced DWI attorney. A good attorney can help you navigate the legal process and may be able to:
• Challenge the evidence: Your attorney may be able to challenge the evidence against you, including the breath or blood test results.
• Negotiate a plea deal: Your attorney may be able to negotiate a plea deal that reduces the charges or penalties.
• Defend against enhanced penalties: If you are facing enhanced penalties, such as a felony DWI charge, your attorney may be able to defend against these charges.
Conclusion
In conclusion, a DWI is not a felony in North Carolina unless you meet one of the specific criteria outlined in the state’s laws. If you are facing a DWI charge, it’s essential to understand the laws and penalties associated with it. A good attorney can help you navigate the legal process and may be able to reduce the charges or penalties. Remember, a DWI conviction can have severe consequences, so it’s essential to take your charges seriously and work with an experienced attorney to defend against them.
