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Arden Felony DUI Defense Lawyer

Arden Felony DUI Defense Attorney

Your next steps after getting charged with a felony DUI can have implications that affect you for a long time. A conviction will follow you for the rest of your life, harming your career, prospects of producing money, and quality of life. Keep in mind that North Carolina has some of the most substantial penalties for driving while intoxicated.

With so much at stake, employing an inexperienced law firm today could cost you much more in the long term. Wouldn’t you rather work with a powerful, skilled Arden felony DUI defense lawyer with a history of success?

The good news is that getting charged with DWI does not mean you are guilty. Doug Edwards Law is a law practice in Arden, North Carolina, that fights hard for people like you who have been charged with DWI. We use our knowledge, skills, experience, and resources to help you develop a strong defense against your DWI accusation.

Are you looking for a trusted Arden DUI defense lawyer to protect your interests and future? Doug Edwards Law is your go-to law firm. We have defended many people accused of felony DWI. We are always ready to answer your questions and develop a defensive strategy based on your scenario.

Our Arden felony DWI defense attorney will be pleased to answer any questions you have and assist you in defending your potential DWI accusation. Call (828) 702-8743 for a free case review and consultation.

Table of Contents

Can I Be Charged With a Felony DWI in North Carolina?

In North Carolina, you can only be prosecuted with a felony DWI if you have had three DWI convictions in the last seven years or if your DWI caused someone else’s death. If found guilty, you will spend a year in prison and complete a rehabilitation program, in jail, or on probation.

A DWI becomes a felony in North Carolina if you:

Are a Habitual Offender

North Carolina Code 20-138.5 considers a habitual offender as someone convicted of DWI three times before. Being charged as a habitual DWI offender is a Class F felony with a minimum prison term of 12 months that can’t be suspended and a maximum prison sentence of 59 months. It could also mean you have to finish a rehabilitation program, lose your driver’s license for good, and have your car taken away.

Caused Death-By-Vehicle

North Carolina has a death-by-vehicle statute that says it is criminal to drive drunk and accidentally kill someone.

A DWI that results in a death-by-vehicle in North Carolina is a Class D offense, which means you might spend anywhere from 38 to 160 months in jail and pay a fine established by the court.

Suppose you are charged with a second or third DWI/are a habitual offender and are convicted of a death-by-vehicle incident. In that case, the state will consider your actions aggravated and can classify your DWI case as a Class D felony punishable by 64 to 160 months in prison and fines established by the court. Your license will also be taken away for a year if you are guilty of a death-by-vehicle offense.

In the end, the ramifications of a DWI charge – whether it’s a misdemeanor or a felony – can impair your personal and professional life. Luckily, you have the right to defend yourself in a criminal court in North Carolina.

A DWI or DUI charge is a very severe legal matter that requires the assistance of a reliable and experienced legal team. Even after you have paid your fines and had your license suspended, having a criminal record will continue to have a lasting impact on all aspects of your life, including insurance, career, and reputation. A DWI felony conviction can not only land you in jail for months but can also make it more difficult for you to obtain a job, a place to live, or a professional license, among other things.

Talk to a skilled Arden felony DUI defense lawyer at Doug Edwards Law for an aggressive defense focused on achieving the best outcome.

What Is Considered a Felony DUI in North Carolina?

North Carolina courts will prosecute you for a felony DWI only if you have three prior DWI convictions within the previous seven years or if your DWI resulted in another person’s death. If found guilty of the offense, you must serve a year in jail and complete a rehabilitation program, either behind bars or on probation.

Four criteria could make a Level One or felony-type DWI crime. Suppose at least two of these indicators apply to your situation. In that case, you will be subject to Level One punishment, which may involve losing your driver’s license permanently for months, years, or the rest of your life and virtually spending time in jail, among other things. The following four factors aggravate the situation:

Previous DWI History

If you have been convicted of DWI within the previous seven years, you may be charged with habitual or repeat DWI.

Driving With a Suspended License

Your license will be suspended for a specified period if you are found to be driving while intoxicated. Driving while your license is revoked or suspended due to a DWI.

Causing an Accident

You will be charged with felony DWI in North Carolina if you cause a car accident that injures several people and then get arrested for drunk driving.

Driving Around With a Minor

Anyone under the age of 16 is regarded as a minor by North Carolina’s DWI laws. In North Carolina, you are charged with felony DWI when you are arrested for intoxicated driving while having a minor in your vehicle.

An Arden felony DWI defense attorney at Doug Edwards Law can provide excellent counsel and representation in your DUI defense case. We have extensive knowledge of how the police, prosecutors, and courts work to convict persons of DWI felonies. With this knowledge, we can devise a strategy tailored to your case and help you achieve your goals.

What Is a Habitual DWI Felony Charge?

You are charged with habitual DWI in North Carolina if you get arrested for DWI several times and arrested in at least three other DWI convictions within ten years of the latest DWI arrest. Some of these offenses include:

  • Impaired driving
  • Habitual impaired driving
  • Causing death or injury due to intoxicated driving

There can be a more severe felony prosecution if you have received four DWI offenses in the previous ten years. The Habitual DWI legislation mandates an active, impossible-to-suspend one-year jail sentence is more significant, though. You must complete a drug abuse treatment program in prison or as a requirement for release.

According to a new law, the police officer has the right to seize your vehicle if you are charged with DWI and were operating the car with a suspended license due to a prior drunk driving offense. However, the seizure will only take place if you are detained.

What Other Felony DUI Charges Could I Face?

You could face felony DWI or misdemeanor charges if you cause bodily injuries to another person or a fatality while driving under the influence. If charged with a felony DWI in North Carolina, you might encounter additional charges, including:

Felony Death by Vehicle

You could be prosecuted with felony DUI if you inadvertently kill someone while driving impaired, and your intoxication was the primary factor in the death. This is a felony of Class D.

Misdemeanor Death by Vehicle

If you accidentally kill someone by breaching a state or municipal law regarding how to drive a car, which was the primary cause of the person’s death, you may be charged with misdemeanor death by automobile. Then the court will consider the case a Class A1 misdemeanor if you were found guilty.

Felony Serious Injury by Vehicle

You could be charged with felony serious injury by car if you injure someone due to impaired driving, with alcohol being the primary factor in the injuries. This is referred to as a Class F offense.

Aggravated Felony Death by Vehicle

You could be charged with this if you have been convicted of drunk driving within the last seven years in a Class F felony.

Aggravated Felony Serious Injury by Vehicle

If you had been convicted of another drunk driving crime within the previous seven years, you might be charged with both this and aggravated felony death by vehicle. The offense is considered a Class E felony.

A skilled and dedicated Arden felony DUI defense lawyer at Doug Edwards Law will consider the advantages and disadvantages of the case to craft the most vigorous defense possible. We will also strive to have your past convictions constitutionally overturned. Please note that not every DUI involving prior offenses or an accident qualifies as a felony. Occasionally, our legal team may push the court to drop the charges to a misdemeanor.

Why Hire Doug Edwards Law?

A felony DUI conviction carries stiff penalties in North Carolina. With so much at stake, you need a skilled Arden criminal defense attorney with experience navigating the court system on your side.

Doug Edwards is a Board-Certified Specialist in State Criminal Law and the Former First Assistant District Attorney for Buncombe County. Our team at Doug Edwards Law understands the prosecution’s tactics and will fight for the best outcome in your case.

Speak With a Qualified Arden Felony DUI Defense Lawyer!

In North Carolina, driving under the influence (DUI) is often used to refer to as driving while intoxicated (DWI). However, DWI often carries severe consequences. Drinking and driving is a serious offense that can harm your record, work, and personal life, regardless of what you call it. Penalties include high fines, losing your driver’s license, lengthy probations, and even jail time.

The most common error people make when facing a DWI felony charge in North Carolina is taking the situation too lightly or pleading guilty without first speaking to an experienced DWI attorney about the North Carolina criminal justice system.

It makes no difference if this is your first DWI or not; the risks are still very significant. The truth is that you need to protect yourself. You might believe it’s best to assist the prosecution since you think you are guilty simply because you are accused. Don’t make that mistake! Instead, turn to a DWI defense lawyer for help with your case. At Doug Edwards Law, we always fight for a favorable outcome for our clients.

Do you need assistance with your DWI felony case in North Carolina? Call us at (828) 702-8743 to arrange a free and private consultation. During the consultation, you will learn more about how our Arden felony DWI defense attorney can assist you with your DWI case.

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