Marion Felony DUI Defense Lawyer

Marion Felony DUI Defense Attorney

Most charges for driving under the influence (DUI) or driving while intoxicated (DWI) are misdemeanors, but certain circumstances can increase the offense to a felony charge. Conviction can come with severe penalties and even affect your rights. A Marion felony DUI defense lawyer from Edwards Law, PLLC, can protect your interests. With more than a decade of experience in criminal defense, our firm can fight for you and your future.

We understand DUI Laws and handle DUI, felony DUI, underage DUI, illegal DUI stop cases, and multiple DWI charges with skill and dedication. The McDowell County Courthouse houses the Superior Court and is located at 21 S. Main Street in Marion, and may handle your felony DUI case. Our firm has professional connections with local courts throughout Marion and McDowell County.

When Does a DWI Become a Felony?

DWI cases are not uncommon. In 2023, the North Carolina Bureau of Investigation reported that there were 15,346 DWI arrests.

There are three ways a DWI can become a felony offense in North Carolina:

1. You are considered a habitual DUI offender
2. Someone suffered a serious injury as a direct result of your DUI offense
3. Someone was killed as a direct result of your DUI offense

Unfortunately, alcohol-related crashes are disproportionately fatal. In McDowell County, only 3.8% of all crashes were alcohol related in 2023, while 14.3% of fatal crashes involved alcohol.

Habitual DUI Offender

You are considered a habitual impaired driving offender if you are charged and convicted of a DWI offense while having three or more prior DWI offense convictions in the past 10 years. This offense is charged as a Class F felony.

For most offenses, a Class F felony results in imprisonment for between 10 and 41 months. However, for a habitual impaired driving conviction, the minimum active term cannot be less than 12 months of imprisonment. If you are convicted, it also results in the permanent revocation of your driver’s license and the loss of your vehicle.

Serious Injury Felonies

There are two offenses for serious injury felonies:

1. Felony serious injury by vehicle is the offense of unintentionally causing serious injury to someone while driving impaired, when the impaired driving is the proximate cause of the person’s injury. It is a Class F felony.
2. Aggravated felony serious injury is charged when you commit a felony serious injury offense while having a prior conviction for impaired driving in the prior seven years. This is a Class E felony, which can result in between 15 and 63 months of imprisonment.

Fatal Injury Felonies

There are three offenses for felony death by vehicle:

1. Felony death by vehicle occurs when you unintentionally cause the death of someone else while driving impaired, and your impairment was the proximate cause of their death. It is a Class D felony, punishable by 38 to 160 months of imprisonment.
2. Aggravated felony death by vehicle is when you commit felony death by vehicle while you have a prior conviction for a DWI in the prior seven years. It is a Class D felony, punishable by 64 to 160 months of imprisonment.
3. Repeat felony death by vehicle offender is a class B2 felony, punishable by 94 to 393 months of imprisonment. It is the offense of committing felony death by vehicle while also having a prior conviction for one of the following:
   1. Felony death by vehicle
   2. Aggravated felony death by vehicle
   3. Manslaughter
   4. First or second degree murder

These criminal charges can have catastrophic effects on your life, and you need highly effective legal representation.

Hire a Felony DUI Defense Lawyer in Marion

If you are facing felony DUI charges in Marion, contact Edwards Law, PLLC right away. An effective Marion felony DUI defense attorney can give you the greatest chance at mitigating penalties.