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Habitual DWI in North Carolina: Felony Impaired Driving in the Outer Banks
Charged With Habitual Impaired Driving in the Outer Banks?
Most DWI charges in North Carolina are misdemeanors. Habitual impaired driving is different. Under N.C.G.S. 20-138.5 it is a felony with mandatory prison time and a permanent license revocation, so the stakes are much higher than in a standard DWI case.
Daniel Donahue is a Board Certified Specialist in State and Federal Criminal Law, certified by the North Carolina State Bar Board of Legal Specialization. He is the only board-certified criminal law specialist based in Dare County, and he handles Dare and Currituck County cases from his office in Nags Head.
Call or text 252-715-5785 for a free consultation with Donahue Criminal Defense.
What Is Habitual Impaired Driving?
Under N.C.G.S. 20-138.5(a), a person commits habitual impaired driving by driving while impaired and having been convicted of three or more offenses involving impaired driving within 10 years of the date of the new offense. The term “offense involving impaired driving” is defined in N.C.G.S. 20-4.01(24a). Whether an older conviction counts depends on its date and on what the conviction was for.
What Is the Punishment?
| Consequence | What the statute says |
|---|---|
| Offense class | Class F felony |
| Prison | A minimum active term of not less than 12 months, which cannot be suspended |
| Other sentences | The sentence runs consecutively with any sentence already being served |
| License | Permanently revoked |
| Vehicle | The vehicle driven is subject to forfeiture under G.S. 20-28.2, with protection for innocent owners and lienholders |
Because it is a felony, a habitual impaired driving charge is resolved in superior court, not district court. The length of a felony sentence also depends on the person’s prior record level.
How Is This Different From a Level One or Aggravated Level One DWI?
Prior DWI convictions within seven years are grossly aggravating factors that raise the punishment level of a misdemeanor DWI. Habitual impaired driving is a separate felony charge that looks back 10 years. Read about grossly aggravating factors and DWI sentencing levels.
How We Can Help
- Obtain and review the records of each prior conviction the State relies on.
- Examine the stop, the arrest, and the chemical analysis in the new case.
- Explain the felony process in superior court at each step.
- Represent you in Dare or Currituck County from the first appearance forward.
Habitual DWI FAQs
How many prior DWIs make a felony in North Carolina?
Three or more prior convictions for offenses involving impaired driving within 10 years of the new offense, plus a new impaired driving offense.
Can the prison sentence be suspended for probation?
No. The statute requires a minimum active term of not less than 12 months and says it shall not be suspended.
Will I ever get my license back?
The statute calls for permanent revocation on conviction. Any later restoration is a matter for the DMV under separate law, and it is not guaranteed.
If you are charged with habitual impaired driving in Dare or Currituck County, call or text 252-715-5785. Se habla español.
Please do not include confidential or sensitive information in a contact form, text message, or voicemail.
This page is general information about North Carolina law, not legal advice for your situation.