Asheville DWI Death and Serious Injury Lawyer

Experienced Asheville DWI Death and Serious Injury Attorney

DWI cases can become complicated even when everything seems straightforward. If you find yourself involved in a criminal DWI case in North Carolina, it is important to secure an experienced Asheville DWI death and serious injury lawyer to advocate on your behalf. Edwards Law, PLLC, takes pride in providing outstanding legal representation in DWI serious injury and death cases.

Individuals who find themselves facing these DWI criminal proceedings in North Carolina need an experienced attorney to protect their Constitutional rights in court. You can rely on a professional and experienced lawyer at our firm to advocate for a favorable outcome in your case.

Call Edwards Law, PLLC, now at (828) 702-8743 to set up an initial consultation with our Asheville DWI death and serious injury attorneys. We can protect your rights and build a vigorous defense on your behalf.

What Is Considered to Be Serious Injury by Vehicle in North Carolina?

There were 23,407 DWI convictions across the state in 2025. However, serious injury by vehicle can be charged as a felony, with an aggravated felony charge possible when certain prior convictions are involved. Under N.C. Gen. Stat. § 20-141.4(a3)-(a4), these charges apply when the statutory requirements are met.

A separate misdemeanor death by vehicle offense applies in certain cases involving a death that was directly caused by a traffic violation other than impaired driving. Because the statute treats serious injury and death as separate offenses, a DWI crash resulting in death is generally prosecuted under the death by vehicle provisions as opposed to serious injury by vehicle.

Felony charges, on the other hand, can be brought against a defendant whose actions unintentionally caused the death or serious injury of another person.

The main difference between the charges is the severity of the potential penalties. Felony serious injury by vehicle is a Class F felony, while aggravated felony serious injury by vehicle is a Class E felony. Depending on the defendant’s prior criminal record and the circumstances of the case, either charge can result in a substantial prison sentence, with Class E felonies generally carrying greater sentencing exposure than Class F felonies.

If you have been charged with serious injury by vehicle, it is important that you contact an experienced criminal defense attorney like Edwards Law, PLLC, as soon as possible. We handle both types of cases, and with years of experience as prosecutors before moving to private practice, we understand how the prosecution thinks and how to help protect your rights throughout the North Carolina court process.

Get a Free Case Evaluation with a DWI Death and Serious Injury Lawyer!

Civil Liability vs. Criminal Charges in North Carolina

When a DWI crash causes a death or serious injury, there can actually be two separate legal battles. The State of North Carolina can prosecute the driver in a criminal case, while an injured person or the family of someone who died can pursue a civil claim. Those cases are different, and one does not simply take the place of the other. Here is how those proceedings can differ:

• The criminal case. The state prosecutes the driver for an alleged violation of North Carolina law. Depending on the circumstances, the charges could include felony death by vehicle, aggravated felony death by vehicle, or felony serious injury by vehicle.
• The civil case. An injured person or surviving family members can bring a personal injury or wrongful death claim that seeks financial compensation for legally recognized losses.
• Insurance claims. A serious crash can also lead to insurance claims, settlement discussions, recorded statements, and other communications that can affect the civil side of the case.
• Different legal standards. The criminal prosecution and civil claim have different purposes and legal standards. A defense strategy needs to account for that distinction.

In DWI death cases, the criminal and civil sides need to be treated as separate issues, even though they stem from the same crash. Understanding that distinction can help you avoid making decisions about one case without considering how those decisions could affect the other. Our Asheville DWI death and serious injury attorneys can guide you through your options.

Aggravated Felony Death and Serious Injury Charges in North Carolina

North Carolina law imposes enhanced charges when certain prior impaired-driving convictions are involved. Aggravated felony death by vehicle and aggravated felony serious injury by vehicle can apply in the following cases:

• When the statutory requirements are satisfied, a DWI-related death can be charged as aggravated felony death by vehicle when the defendant has the required prior impaired-driving conviction within seven years.
• When the statutory elements are met, and the defendant has the required prior conviction, a serious injury can also lead to an aggravated felony charge.
• When there was a prior DWI conviction in the last seven years.

These enhanced charges can have a major impact on your sentencing exposure. Our attorneys can look at when a prior conviction occurred, what offense it involved, and whether it actually meets the statutory requirements for an aggravated charge. In serious DWI death cases, those details can make a significant difference in understanding what the prosecution is alleging and what you might be facing.

Repeat Felony Death by Vehicle in North Carolina

Repeat felony death by vehicle can apply when a person commits felony death by vehicle or aggravated felony death by vehicle and has a qualifying prior conviction for felony death by vehicle, aggravated felony death by vehicle, or certain homicide offenses involving an unintentional death caused by impaired driving. Several points are especially important, including:

• North Carolina classifies repeat felony death by vehicle as a Class B2 felony.
• This enhancement is not triggered just because someone has a previous DWI. The prior offense must fall within the categories identified by the statute.
• Aggravated felony death by vehicle focuses on a qualifying prior impaired-driving conviction within seven years. Repeat felony death by vehicle involves a qualifying prior felony death or certain homicide conviction.
• A Class B2 felony can carry a decades-long sentence under North Carolina’s sentencing structure, although the actual sentence depends on the circumstances and applicable sentencing rules.

This is why early legal representation matters in DWI death cases. The prosecution might focus on the prior record when deciding what charges to pursue, and the defense needs to carefully examine that history. The potential DWI death penalties make it especially important to challenge an enhancement that does not actually fit the facts or the law.

DWI Penalties in North Carolina

Under N.C. Gen. Stat. § 20-179, the criminal penalties for a DWI conviction in the state of North Carolina depend on a number of factors, including the defendant’s blood alcohol content (BAC), whether the defendant has any prior DWI convictions, and whether the defendant caused any property damage or injuries as a result of the DWI.

First Offense

For a first offense DWI, the penalties can include up to 60 days in jail, a fine of up to $500, and a driver’s license suspension of up to 12 months.

Second Offense

For a second offense DWI, the penalties can include up to 120 days in jail, a fine of up to $1,000, and a driver’s license suspension of up to 24 months.

Third Offense

For a third offense DWI, the penalties can include up to 180 days in jail, a fine of up to $2,000, and a driver’s license suspension of up to 36 months.

In addition to the above penalties, a DWI conviction can also result in an ignition interlock device being installed on the offender’s vehicle, mandatory substance abuse treatment, and a loss of auto insurance coverage.

Serious Injury by Vehicle: A Felony in North Carolina

Serious injury by vehicle is a felony offense in North Carolina. The penalties for a conviction can include up to 20 years in prison and a fine of up to $20,000. A conviction can also result in a driver’s license suspension of up to 36 months.

If you have been charged with serious injury by vehicle, it is important that you contact your lawyer quickly. If you don’t have one on retainer, you need to quickly find a good experienced criminal lawyer with DWI experience as soon as possible. Your attorney can able to help you understand the charges against you and the potential penalties you are facing.

Our Asheville DWI death and serious injury attorneys are committed to building a strong defense against the charges and protecting your rights throughout the legal process.

Proximate Cause: What It Is

Proximate cause is a legal term that is used to describe the causal relationship between an act and a resulting injury. In order for proximate cause to be established, it must be shown that the act was the direct cause of the injury. Additionally, it must be shown that the injury would not have occurred but for the act.

For example, if a driver runs a red light and hits another car, causing serious injuries to the occupants of the other car, proximate cause would be established. The driver running the red light would be directly responsible for the injuries sustained by the other car’s occupants.

If, however, the driver of the other car had been speeding and ran a red light, proximate cause would not be established. The speeding would be considered an intervening cause that broke the causal chain between the driver running the red light and the resulting injuries.

The accidents and injuries that come with DWI vehicle accidents bring proximate cause directly into view as establishing this, or failing to do so, can directly affect whether or not a person is convicted, what the penalties are, and what civil liabilities may exist outside of criminal court.

Double Jeopardy and How It Might Apply

In the United States, the Constitution protects citizens from being tried twice for the same crime. This protection is known as the “double jeopardy” clause, and it is found in the Fifth Amendment of the Constitution.

The double jeopardy clause has two components: one that protects against being tried again after being acquitted, and one that protects against being tried again after being convicted.

The first part of the double jeopardy clause, known as the “anti re-trial” provision, has been interpreted to mean that a person cannot be retried for the same crime after being acquitted by a jury.

The second part of the double jeopardy clause, known as the “anti re-prosecution” provision, has been interpreted to mean that a person cannot be prosecuted for the same crime after being convicted.

The double jeopardy clause does not protect against being tried for multiple crimes arising from the same incident. This is important to understand as the same accident may have multiple charges or crimes charged to it without violating the double jeopardy laws.

This is particularly true of DWI laws where there can be injury, vehicular assault, endangerment, and a host of other charges, each counting as a different crime from the same incident.

Hire a DWI Death and Serious Injury Lawyer: Local Counsel Matters

Anyone involved in a DWI needs a lawyer. A good lawyer protects their client’s rights, can help explain the overall situation based on the state’s legal codes, can help you understand your case and situation, and can advocate for a favorable case resolution.

Never try to defend yourself when involved with a DWI case. You need a lawyer who understands the local courts and both the state and national laws to mount a strong defense for you in court.

When you need to hire a DWI death and serious injury lawyer, the team at Edwards Law, PLLC, lives and works in Asheville. We understand the procedures and preferences that can shape cases in the Buncombe County Superior Court.

What Should I Do if I am Charged with Serious Injury by Vehicle?

It is important to secure a lawyer as soon as possible. Do not interview with the police; do not try to explain yourself in interrogation. The proper response is to ask for an attorney and refuse to continue until you have your lawyer present.

This is crucial to getting your lawyer in the loop from the very beginning and making sure you’re not getting taken advantage of in a way that could help seal your own prosecution in court.

Don’t admit to fault, don’t admit guilt, just repeat that you want your lawyer and won’t proceed with any interviews or questions until you get them.

FAQs

How Long Do I Have to File a Wrongful Death or Personal Injury Claim?

The length of time that you have to file a wrongful death or personal injury claim depends on the type of claim and the circumstances involved. North Carolina has statutes of limitation governing different types of civil claims, and wrongful death claims have their own statutory requirements. Because missing a filing deadline can affect your right to pursue a claim, it is important to have the applicable deadline evaluated by our team.

Can I Be Charged With DWI Death by Vehicle if My BAC Was Below 0.08%?

Yes, you can be charged with DWI death by vehicle if your BAC was below 0.08%. In North Carolina, you can be impaired not only by alcohol, but also by drugs, or a combination of substances. The circumstances of the driving and the available evidence can become important in determining whether a DWI-related offense can be established.

Can I Still Face a Civil Claim if My Criminal DWI Charges Are Reduced or Dismissed?

Yes, you can still face a civil claim if your criminal DWI charges are reduced or dismissed. The criminal and civil cases are separate proceedings with different legal standards and purposes. A reduction or dismissal of criminal charges does not automatically prevent an injured person or family from pursuing a civil claim. Likewise, resolving a civil insurance claim does not end a criminal prosecution.

Can I Lose My License After a DWI Crash Involving Serious Injury or Death?

Yes, you can lose your license after a DWI crash involving serious injury or death. A DWI conviction can result in driver’s license consequences, and additional provisions of North Carolina law can apply when a crash involves serious injury or death. The specific consequences depend on the offense, your prior DWI history, and other circumstances surrounding the case.

Call for Your Initial Consultation With an Asheville DWI Death and Serious Injury Lawyer!

Call Edwards Law, PLLC, today at (828) 702-8743 to set up your initial consultation. If you have a pending criminal case related to DWI or were involved in an incident and think charges might be on the way, it is time to call an experienced lawyer in Asheville, NC, to help defend your rights in court.

Edwards Law, PLLC – Asheville, NC Office

38 Arlington St, Asheville,
NC 28801, United States

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