Can a DWI be a felony in North Carolina?
Yes. In North Carolina there are two types of DWI's that are felonies.
- Felony death by motor vehicle, which a person is charged with if someone dies in an accident that was caused by a drunk driver. Felony death by motor vehicle can also be charged as second degree murder.
- Habitual DWI, which a person is charged with if it is their fourth DWI conviction within seven years. A plea or verdict of guilty of habitual DWI requires a judge to sentence you to no less than one year in the Department of Corrections. That sentence cannot be suspended and is the absolute minimum sentence. Most judges give a much longer sentence than the minimum for habitual DWI.
The information on this page is meant to provide a general overview of the law. The laws in your state and/or city may deviate significantly from those described here. If you have specific questions related to your situation you should speak with a local attorney.
Additional Drunk Driving Articles
- Drunk Driving Defense Law in North Carolina
- North Carolina DWI Laws: FAQ
- What happens after a misdemeanor DWI conviction in North Carolina?
- Will I be able to get my case dismissed in North Carolina because I was not read my rights?
- What will happen if I do not complete the classes or public service ordered by the Court in North Carolina?
- Is drinking & driving a crime in North Carolina?
- What is the legal drinking limit for drivers in North Carolina?
- Where can I find a North Carolina DWI Lawyer?
- What are the grossly aggravating factors the Judge weighs to determine my DWI sentence in North Carolina?
- What are the aggravating factors the Judge weighs to determine my DWI sentence in North Carolina?
- What are the mitigating factors the Judge weighs to determine my DWI sentence in North Carolina?
- What are the penalties for DWI in North Carolina?
- Can I refuse a Chemical Test when stopped for DWI in North Carolina?