Is DUI a Felony in North Carolina? 2024

Anyone facing a DUI may be asking themselves, “Is a DUI a felony in North Carolina?” DUIs in North Carolina are frequently charged as misdemeanors, but prior DUI convictions or aggravating factors can escalate a DUI to a felony under certain conditions. If you have prior convictions or caused bodily injury or homicide as the result of a vehicle accident, you could be facing serious prison time.

When Is a DUI a Felony in North Carolina?

There are multiple ways that someone with a DUI can be charged with a felony. Being classified as a habitual impaired driver could land you with a Class F felony conviction that comes with a mandatory 12-month imprisonment.

The law applies to someone who has been convicted of three or more impaired driving offenses within the last ten years. Additional penalties include permanent revocation of the driver’s license and potential forfeiture of the vehicle involved in the offense.

If you are involved in a car collision that leads to a fatality, your level of sobriety may be one factor that is considered if you are charged with vehicular manslaughter. If you are found to be intoxicated at the time of the crash, that could lead to felony charges if someone was seriously hurt or killed in the collision.

Any type of aggravating factor could potentially lead to a felony charge if you are pulled over for a DUI. Having children in your car while driving under the influence of a drug is seen as reckless behavior. Additionally, excessive speeding while intoxicated could further escalate the situation, leading to harsher penalties.

Criminal Defense Strategies for a DUI Charge

If you are facing DUI felony charges, you require a comprehensive legal strategy. If you face multiple criminal charges, reducing or eliminating any offenses could greatly help your case. Having legal representation could prove crucial to your defense.

One of the first areas your attorney can explore is the day of the arrest. If you were not intoxicated but only presumed to be by the police, your skilled DUI lawyer can argue that you were not a danger to the public.

Certain prescription medications can lead to impaired driving. Your attorney can review any prescriptions you are on and the evidence being used against you to build the case that you were not intoxicated at the time of your arrest.

An unlawful arrest could also help your case. If the arresting officer violated their police department’s own policies when pulling you over, that could show that the officer overstepped their own rules. Defendants have constitutional protections against unlawful searches and seizures. When it comes to a DUI, the officer must show there was probable cause to pull you over, meaning your driving behavior indicated you were intoxicated.

If your attorney is able to show that the officer who pulled you over overstepped their legal authority, that could compromise the prosecution’s case. Evidence that was obtained unlawfully could be deemed inadmissible in court.

Plea Bargains

Any means of reducing the criminal charges you are facing could be critical if you have multiple past DUI convictions on your record. The state’s habitual impaired driver law comes with mandatory sentences that cannot be suspended. One legal option could include accepting a plea bargain agreement that includes a lesser charge.

In cases that involve intoxication, prosecutors often want to see that the defendant is ready to make a sincere effort to sober up. A plea bargain agreement may require that the defendant complete drug rehab or a similar program. There are no guarantees in criminal court, but your attorney can be an important asset when it comes to demonstrating your good character and willingness to address any substance use disorder you may have.

FAQs

Q: Is DUI a Misdemeanor or Felony in North Carolina?

A: A DUI is typically a misdemeanor for first-time offenders in North Carolina. However, it can be elevated to a felony if there are aggravating factors, such as multiple prior offenses, serious injury, or death resulting from the DUI. Felony DUI charges carry much more severe penalties. If you are facing a misdemeanor DUI, failing to fight those charges could prove consequential if you are ever arrested in the future.

Q: What Is the Difference Between DWI and DUI in North Carolina?

A: In North Carolina, the terms DUI (Driving Under the Influence) and DWI (Driving While Impaired) are often used interchangeably. However, DWI is the official legal term in the state, encompassing impairment by alcohol, drugs, or a combination of substances while operating a vehicle. Driving under the influence of any intoxicating substance is unlawful in North Carolina.

Q: How Long Does a DUI Stay on Your Record in North Carolina?

A: A DUI stays on your record in North Carolina for life. However, for sentencing purposes, prior DUI offenses are generally considered within a seven-year period for misdemeanors and ten years for felonies. Expungement is not typically available for DUI convictions in the state. These are all reasons why defendants should consider fighting any criminal charges, even if they are first-time offenses.

Q: Is DWI Level 1 a Felony in North Carolina?

A: No, a DWI Level 1 is not classified as a felony in North Carolina. However, it is the most serious level of misdemeanor DWI, reserved for cases involving aggravating factors like child passengers. Penalties include significant fines, mandatory jail time, and other severe consequences. When certain aggravating circumstances are present, the DWI charge could become a felony offense.

Schedule Your Felony DUI Consultation Today with Edwards Law, PLLC

While a DUI is commonly a misdemeanor offense, aggravating factors or prior convictions could increase the charge to a felony. Whether you are facing your first DUI or a potential felony DUI, you need legal representation that you can rely on.

Our founding attorney, a former prosecutor, is skilled at defending your rights and uncovering weaknesses in the prosecution’s arguments. We have a proven track record of helping clients secure favorable outcomes in their cases, and we’re prepared to do the same for you. Contact our office today to schedule your consultation.