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Are Some Dwis Felonies?

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. The other felony is 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.

Other North Carolina Drunk Driving Defense FAQs

Q: What To Do In Case Of An Accident
A:
Q: What Happens After A Dwi Arrest In North Carolina?
A: Driving Privilege: If you register .08 or greater in a blood or breath test, you lose your privilege to drive in North Carolina (and your license, if it is a North … More
Q: What Happens After A Conviction For A Misdemeanor Dwi?
A: After a conviction of misdemeanor DWI, the judge must hold a separate sentencing hearing and determine the appropriate level of punishment. At that hearing, the judge … More
Q: What Are The Sentencing "levels"?
A: Two or more grossly aggravating factors leads to a level one sentence. If there are no grossly aggravating factors, the judge will weigh aggravating and mitigating … More
Q: What Is A Level Two Sentence?
A: If that judge finds one grossly aggravating factor, you would be sentenced under level two. If the judge orders a level two punishment, he must sentence you to 7 days … More
Q: What Is A Level Three Sentence?
A: If the judge orders a level three punishment, you will be ordered to choose one of the three following options: (1) 72 hours of community service ($100 fee), (2)72 … More
Q: What Is A Level Four Sentence?
A: If you are convicted and sentenced at level four, the same conditions will apply except you will chose between 48 hours of community service, 48 hours of jail, or 60 … More
Q: What Is A Level Five Sentence?
A: If you are convicted and sentenced at level five, you will be ordered to chose between 24 hours of community service, 24 hours of jail, or 30 days not driving. The … More
Q: Will I Be Able To Get My Case Dismissed Because I Was Not Read My Rights?
A: Probably not. But if you were interrogated after being placed in custody, your statements can not be used against you.
Q: Will I Go To Jail?
A: An experienced attorney may be able to keep you out.