Most DWI charges in North Carolina are classified as a misdemeanor. However there are two types of DWI offenses that are classified as a felony in North Carolina. Those include felony death by motor vehicle and habitual DWI. If someone is convicted of a felony DWI offense the judge must impose a sentence of no less than one year in prison, however the sentence that is imposed may be up to 36 months in prison.
Felony death by motor vehicle is charged if the intoxicated person killed someone in an accident during the offense. This could also be charged as second degree murder. Habitual DWI may be charged if someone has been convicted of DWI at least three times during the past ten years prior to the new offense. A conviction of this offense will result in permanent loss of driving privileges in North Carolina.
Once someone is convicted of DWI the judge will hold a sentencing hearing to determine the appropriate punishment. Typically a judge will impose a sentence over the minimum required sentence of a year if the defendant is convicted of habitual DWI. There are so many factors that go into sentencing, even at the felony level, that is advisable to contact an attorney as soon as possible to evaluate the case and choose the best course of action.
