Most DWI charges in North Carolina are misdemeanors. Habitual DWI is not. It is a felony, it carries a mandatory prison term that cannot be suspended, and it permanently revokes your license.
Call (704) 461-9488 for a free, confidential consultation, available 24/7.
What makes a DWI habitual
Under G.S. 20-138.5, a person commits habitual impaired driving when they drive while impaired and have three or more prior convictions for offenses involving impaired driving within the preceding ten years.
The consequences
| Habitual DWI | |
|---|---|
| Classification | Class F felony |
| Minimum imprisonment | 12 months, which cannot be suspended |
| License | Permanent revocation |
| Vehicle | Subject to forfeiture |
| Court | Superior Court, because it is a felony |
The mandatory minimum is what makes this charge different from everything else in the DWI world. There is no version of a habitual DWI conviction that ends in straight probation.
Where the defense lives
Because the charge depends entirely on the prior convictions, that is where the work is. Each prior must be examined: was it actually a conviction, was it actually an offense involving impaired driving, did it fall inside the ten year window, and was the person represented or did they validly waive counsel? A prior that does not qualify takes the case out of the habitual statute and back into misdemeanor sentencing.
The current charge is also fully defensible on its own terms. The stop, the arrest, the observation period, and the chemical analysis are all subject to challenge.
Frequently asked questions
Is the ten year window measured from conviction or offense?
The window is measured relative to the current offense date, and the precise calculation matters enormously. It is worth having the dates reviewed rather than assumed.
Can I ever get my license back?
Habitual DWI carries permanent revocation. There are limited circumstances in which restoration can be sought after a long period, and it is not automatic.
Do out of state convictions count?
They can, if the offense is substantially similar to a North Carolina impaired driving offense.
Call (704) 461-9488 for a free, confidential consultation, available 24/7.
Related: NC DWI sentencing levels, the 30 day civil revocation, and Charlotte DWI lawyer.