Man From Gastonia Receives Third DWI Charge After Passing Out Behind the Wheel

A man from Gastonia, North Carolina has been arrested after he drove from the road and apparently passed out behind the wheel.  He was subsequently  charged with habitual impaired driving due to the fact that he has previous DWI charges.

According to the police report, the man was driving on Belmont-Mount Holly Road just before 2:00 a.m. He apparently then passed out behind the wheel when he was supposed to stop at a stop sign, and instead drove right into someone’s front yard.

The car remained in drive while the driver was passed out in the driver seat. When the police officers arrived on the scene, they reported that the man smelled strongly of alcohol, and he registered a .15 on the breath-test, which is almost double the legal limit.

After scrutinizing the defendant’s criminal history, they found that he has three previous DWI convictions in the last 10 years. He is being charged with habitual impaired driving, DWI, drinking while driving and driving with a revoked license.

According to North Carolina’s General Statute § 20-138.5, there is a penalty for those who are considered ” habitual drunk drivers.” The statute defines a person as a “habitual impaired driver” if he drives while impaired as defined in G.S. 20-138.1, and has been convicted of three or more offenses involving impaired driving within 10 years of the date of this offense. N C. Gen. Stat. § 20-138.5(2012).

Moreover, if a person is deemed a ” habitual impaired driver”, then shall be punished as a Class F felon, and sentenced to a MINIMUM active jail sentence of no less than 12 months, which has no option for suspension or parole. Any sentences imposed under the aforementioned statute shall run consecutively and shall commence at the expiration of the sentence, not the beginning. Id.

Lastly, a person convicted of “habitual impaired driving” shall have their license permanently revoked forever. As far as their vehicle goes, the defendant’s car becomes property subject to forfeiture in accordance with the procedures set out under N.C. Gen.Stat. 20-28.2