Can You Avoid Jail Time for a Felony DUI Conviction in North Carolina?

Driving while intoxicated or driving under the influence (DUI) is treated seriously in North Carolina. While misdemeanor charges usually involve paying fines, felony charges can be more severe. Therefore, if you are facing these charges, you may ask, “Can you avoid jail time for a felony DUI conviction in North Carolina?”

DUI felony convictions are the most serious in North Carolina, so it is wise to consult a DUI lawyer to improve your chances of getting your sentence reduced. At Edwards Law, PLLC, we are skilled and experienced lawyers who work diligently to get our clients’ DUI charges dismissed or reduced.

What Is a DUI in North Carolina?

In North Carolina, a DUI, or driving under the influence, means driving with a blood alcohol concentration (BAC) of 0.08 or above. To test a person’s BAC, a police officer may conduct a chemical test at the scene or a blood, urine, or saliva test at the station. An officer may also perform a field sobriety test to determine if the suspect is impaired. Impaired driving does not only include driving under the influence of alcohol; it can also involve drugs, even prescription drugs.

Under North Carolina’s implied consent law, all persons are assumed to agree to take a breathalyzer test if they are suspected and arrested for driving under the influence. Refusal to take the test is considered admissible evidence of guilt, and it may result in their license being revoked for a year.

While DWI convictions are declining in North Carolina, there are still a significant number of convictions. Data from the North Carolina Sentencing and Policy Advisory Commission on DWI convictions reports that there were 27,369 sentences imposed, with most of them resulting from Level V charges. Many of the suspended sentences resulted in probation, which is hard to achieve without a lawyer.

Felony DUI Charges

Felony DUI charges are more severe and tend to involve certain aggravating factors. Examples of aggravating factors may include speeding or reckless driving. For instance, in 2023, a woman was sentenced to 25 years in prison for killing a woman in a golf cart while driving intoxicated in Folly Beach. She was driving 65 mph in a 25-mph zone when she struck the woman.

This is just one example of how a defendant can receive a felony DUI conviction. Other examples of felony DUI charges are listed below:

• Habitual DWI offender: This applies when an individual has four or more DWI convictions in 10 years. It is punishable by a mandatory one-year prison sentence.
• Felony death by vehicle: The person caused the death of another because they were driving under the influence. It is a Class D felony, punishable by up to 204 months in prison.
• Aggravated felony death by vehicle: The person unintentionally caused the death of the victim while under the influence and engaging in aggravating factors, like speeding, a high BAC, or reckless driving. It is also a Class D felony, and an offender can spend up to 204 months in prison.
• Felony serious injury by a vehicle: A person unintentionally causes a serious injury to a victim because of their DWI. It is a Class F felony and carries up to 59 months in prison.
• Aggravated felony serious injury by a vehicle: A person seriously injures a person while engaging in DWI and aggravated factors. This is a Class E felony, penalized by up to 88 months in prison.
• Repeat felony death by vehicle: This is a Class B2 felony, and it is punishable by up to 484 months in prison.

Avoiding Jail Time for a Felony Conviction

If you are charged with a felony DUI, it is likely because you have prior convictions, aggravating factors, or committed vehicular homicide. Most felony DUIs have a mandatory one-year sentence, which cannot be suspended. However, a skilled and experienced lawyer might get your sentences reduced.

Example scenarios that may result in reduced sentences from the mandatory minimum include:

• Successfully completing a substance abuse program and abstaining from alcohol and substances
• Joining a pretrial diversion program
• Negotiating a plea deal
• Fighting the charges in court

FAQs

Q: What Is a Felony DUI in North Carolina?

A: A felony DUI in North Carolina is a serious offense that comes with hefty consequences. A person may receive felony DUI charges for a number of reasons, including:

• Being a habitual offender
• Being charged with a DUI with aggravating factors
• Killing someone with their vehicle
• Causing serious bodily injury with their vehicle

Q: How Likely Is Jail Time for a First DUI in North Carolina?

A: The likelihood of jail time for a first DUI in North Carolina depends on the severity of the crime. First-time DUI offenses without aggravating factors may result in a minimum 24-hour jail sentence, depending on the discretion of the judge. If a judge sentences you to longer than 24 hours for a first offense, your lawyer could negotiate for you to do community service for the remaining sentence. First-time felony offenses have a higher likelihood of jail time.

Q: Is Jail Time Mandatory for a Second DUI in NC?

A: No, jail time is not mandatory for a second DUI in North Carolina. A minimum mandatory sentence may be required, but your lawyer could negotiate community service for your remaining sentence. Repeat DUI offenders, or Level I-II offenders, typically have mandatory jail sentences that cannot be suspended.

Q: What Is the Most Common Sentence for a First DUI?

A: The most common sentence for a first DUI is 24 hours to 60 days in jail. First time DUI is considered a Level V offense, with fines of up to $200. You may also have your license suspended, be required to enroll in a DUI program and have to do community service.

Experienced DUI Lawyers Fighting for Positive Outcomes

Whether it is your first, second, or third DUI offense, you could be facing jail time. While first-time offenders may only be responsible for a short stay in jail and paying fines, certain felony convictions often end with the offender serving jail time. A great way to avoid this is to have a skilled lawyer get your case dismissed before it becomes a conviction. If the evidence against you is overwhelming, your attorney could still get your charges reduced.

Our lawyers at Edwards Law, PLLC, can achieve this for you. Contact us for a case consultation to weigh your options and defend your rights.