Is DUI a Felony in NC?
In North Carolina, driving under the influence (DUI) is a serious offense that can have severe consequences. While it is not always a felony, it can be charged as a felony in certain circumstances. In this article, we will explore the laws surrounding DUI in North Carolina and provide an answer to the question: Is DUI a felony in NC?
What is DUI in North Carolina?
In North Carolina, DUI is defined as operating a motor vehicle while impaired by alcohol or drugs. The legal limit for blood alcohol content (BAC) is 0.08%, although it is illegal to drive while impaired even if the BAC is below this limit.
DUI Charges in North Carolina
DUI charges in North Carolina are classified into three levels:
- Misdemeanor DUI: This is the most common type of DUI charge, and it is considered a Class A1 misdemeanor. A conviction for misdemeanor DUI can result in a fine of up to $4,000 and a maximum sentence of 120 days in jail.
- Aggravated Misdemeanor DUI: This type of DUI charge is considered more serious than a misdemeanor DUI and is punishable by a fine of up to $10,000 and a maximum sentence of 1 year in jail.
- Felony DUI: This is the most serious type of DUI charge, and it is punishable by a fine of up to $25,000 and a maximum sentence of 6 months to 2 years in prison.
When is DUI a Felony in NC?
DUI is considered a felony in North Carolina under the following circumstances:
- Prior Convictions: If you have two or more prior DUI convictions, you can be charged with a felony DUI.
- Injury or Death: If you cause an injury or death while driving under the influence, you can be charged with a felony DUI.
- High BAC: If your BAC is 0.15% or higher, you can be charged with a felony DUI.
- Refusal to Take a Breath Test: If you refuse to take a breath test, you can be charged with a felony DUI.
Consequences of a Felony DUI in NC
A felony DUI conviction in North Carolina can have severe consequences, including:
- Jail Time: A minimum of 6 months to a maximum of 2 years in prison.
- Fines: A fine of up to $25,000.
- License Revocation: Your driver’s license will be revoked for a minimum of 1 year.
- Criminal Record: A felony DUI conviction will remain on your criminal record for the rest of your life.
- Employment and Education Consequences: A felony DUI conviction can impact your ability to find employment and pursue higher education.
Defending Against a Felony DUI Charge in NC
If you are facing a felony DUI charge in North Carolina, it is essential to work with an experienced DUI attorney who can help you defend against the charges. Some common defenses against a felony DUI charge include:
- Challenging the Stop: If the police did not have a valid reason to stop your vehicle, your attorney can challenge the stop and have the evidence obtained as a result of the stop suppressed.
- Challenging the BAC Results: If the BAC results were obtained using an unreliable or defective breath test machine, your attorney can challenge the results and have them excluded from evidence.
- Showing Impairment: If you were not impaired at the time of the stop, your attorney can argue that you were not driving under the influence.
Conclusion
In conclusion, while DUI is not always a felony in North Carolina, it can be charged as a felony in certain circumstances. If you are facing a felony DUI charge, it is essential to work with an experienced DUI attorney who can help you defend against the charges and minimize the consequences. Remember, a felony DUI conviction can have severe consequences, including jail time, fines, and a criminal record.
