Habitual DWI North Carolina

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James K. Minick

In North Carolina, habitual impaired driving, also known as Habitual DWI (driving while impaired), is an extremely serious offense. A Habitual DWI / DUI is punishable as a Class F Felony. Habitual impaired driving carries a minimum 1 year jail sentence. A person convicted of Habitual DWI / DUI will also have their driver’s license permanently revoked by the North Carolina Division of Motor Vehicles (NC DMV).

At Minick Law, P.C., our attorneys are experienced and knowledgeable in dealing with Habitual DWI / DUI charges and know how to obtain a favorable result.

CALL now to speak with our ‘Habitual DWI’ lawyers.


Your ‘Habitual DWI’ Lawyers

Habitual DWI lawyers, Habitual DWI, Habitual DWI NC, Habitual DWI lawHabitual DWI : DUI lawyerPutting forth the best defense often requires looking at your case from the State’s perspective. Our team includes an attorney with 12 years of experience as a police officer.

Our North Carolina DWI / DUI attorneys are also required to attend the National Highway Traffic Safety Administration’s (NHTSA) 24 hour DWI / DUI Detection and Standardized Field Sobriety Test (SFST) Course, the same training received by many officers that charge DWI / DUI in North Carolina.

With out-of-state record checks revealing more prior convictions outside of North Carolina, habitual impaired driving charges are on the rise in North Carolina. In 2011, 2012, and 2013 over 400 Habitual DWI / DUI charges were filed in North Carolina.  There were undoubtedly more DWI / DUI charges that could have been charged as Habitual Impaired Driving, but were not either due to prosecutorial discretion or because prior DWI / DUI charges were not discovered by the district attorney.

Our Attorneys leave no stone unturned in the search for evidence helpful to your defense, which can include:

  • Speaking to the investigating officer
  • Obtaining police reports
  • Locating and investigating witnesses
  • Obtaining photographs of the arrest scene
  • Reviewing relevant medical records
  • Examining available video evidence

Elements of Habitual DWI / DUI North Carolina

James Minick is a member of the  National Academy of DUI Attorneys

James Minick is a member of the
National Academy of DUI Attorneys

In order to prove habitual impaired driving, the district attorney must show:

  1. The defendant was driving;
  2. A vehicle;
  3. On a public highway;
  4. While impaired; AND
  5. Has at least three prior convictions of impaired driving within the 10 years prior to the date of offense of the current impaired driving charge.

N.C.G.S. § 138.5.  The Habitual DWI / DUI is really just proving the normal elements of a DWI / DUI in North Carolina, with the one additional requirement that the DA show three prior convictions.

Client Relationship

Habitual DWI lawyers, Habitual DWI lawyer, Habitual DWI, Habitual DWI law, Habitual DWI NCAt Minick Law, P.C., an attorney will personally meet with you from the very beginning of the attorney-client relationship. We believe that effective DWI / DUI representation cannot be accomplished without excellent client communication. At any time during or after your case, we can meet with you to discuss your DWI / DUI charge. Our North Carolina DWI / DUI team will keep you apprised of all developments in your case.

“Minick Law Firm in Asheville was of great help to me. Attorney Jake Minick knows the law front to back and was able to help me in a tight spot. He was able to drop all the charges that I had and I thank him everyday for it. Minick Law can help you when your in a tough jam and if I ever need another attorney, I’m calling Minick Law and so should you!”Daniel FulsSee More Testimonials

Contact Us

We have offices in Asheville, Charlotte, and Gastonia.  If you have been charged with Habitual DWI / DUI in North Carolina, your first step should be to CALL US NOW at one of our four convenient locations: Asheville, Charlotte, Gastonia, or Waynesville.

Our Habitual DWI lawyers are standing by to speak with you about your case.