In North Carolina, a DWI is typically charged as a misdemeanor. However, if a person is charged with DWI and has been convicted of 3 prior DWI offenses within 10 years of the new date of offense, the State may charge the driver with Habitual Driving While Impaired.
When the State brings a habitual DWI charge, getting a legal team experienced in DWI law on your side becomes all the more important.
A Habitual DWI is punishable as a Class F Felony, and has a 12 month minimum sentence and 59 month maximum sentence. Because a habitual DWI charge is a felony, the case must typically be indicted by a grand jury in the county of the offense and then proceed through the legal process in Superior Court (most misdemeanor DWI cases are handled at the district court).
A person convicted of Habitual DWI will also have his driver’s license permanently revoked by the North Carolina Division of Motor Vehicles (NC DMV).
At Minick Law, P.C., we realize the chaos that a possible felony conviction and lengthy jail sentence can have in your life. Our first goal is to answer the many questions about how to handle the habitual DWI charge and how this charge will impact your life.