A DWI charge in North Carolina is serious on its own—but if you have a prior DWI conviction from another state, your situation can become far more complicated.
North Carolina law allows prosecutors and judges to consider out-of-state DWI convictions when determining your sentence. In some cases, a conviction from years ago in another state can elevate your penalties dramatically, increasing the likelihood of jail time, fines, and long-term license revocation.
At Martine Law, we regularly defend clients who face DWI charges complicated by prior offenses from outside North Carolina. Understanding how these out-of-state priors work—and how to challenge them—can make a major difference in the outcome of your case.
You can review relevant laws in N.C. Gen. Stat. § 20-179 and § 20-4.01(24a), which define DWI sentencing and prior conviction recognition.
How North Carolina Treats Out-of-State DWI Convictions
North Carolina takes impaired driving seriously. The state’s “habitual impaired driving” and sentencing enhancement rules mean that any prior DWI conviction—whether from North Carolina or another state—can count against you at sentencing if it meets certain criteria.
The law defines a “conviction involving impaired driving” broadly. Under N.C. Gen. Stat. § 20-4.01(24a), it includes:
- Any DWI, DUI, OUI, or OWI conviction from another jurisdiction that is substantially similar to North Carolina’s impaired driving laws.
- Prior convictions that occurred within the past 7 years before the current offense date.
If your out-of-state conviction qualifies, it will be treated just like a North Carolina DWI conviction for sentencing purposes.
What “Substantially Similar” Means
Not every out-of-state offense automatically counts. To be used in North Carolina sentencing, the prior must be “substantially similar” to a violation of N.C. Gen. Stat. § 20-138.1 (driving while impaired).
In practice, that means:
- The other state’s law must prohibit driving or operating a vehicle while under the influence of alcohol or another impairing substance.
- The offense must carry similar elements to a North Carolina DWI—such as operation of a vehicle and impairment by alcohol, drugs, or both.
If the other state’s DWI law includes looser standards (for example, allowing conviction for being “in the car while intoxicated” without driving), your attorney can argue that it is not substantially similar, and the conviction should not count as a prior for sentencing.
How Prosecutors Use Out-of-State DWIs in Sentencing
When you’re convicted or plead guilty to a DWI in North Carolina, the judge must determine your sentencing level, ranging from Level 5 (least severe) to Aggravated Level 1 (most severe) under § 20-179.
Out-of-state priors can increase your sentence by creating “grossly aggravating factors.”
The most common aggravating factors include:
- A prior DWI conviction within 7 years of the current offense.
- Driving with a revoked license due to a prior DWI.
- Causing serious injury while impaired.
- Having a passenger under 18 in the vehicle.
Each qualifying out-of-state conviction adds one grossly aggravating factor. Even one prior DWI (in-state or out-of-state) can elevate your sentence to Level 2, which carries a minimum of 7 days in jail and up to 12 months.
Multiple priors can result in Aggravated Level 1 sentencing, meaning a mandatory minimum of 12 months in jail and fines up to $10,000.
Habitual Impaired Driving: When Out-of-State Priors Create a Felony
If you have three or more prior DWI convictions—including those from other states—within a 10-year period, you can be charged with Habitual Impaired Driving, a Class F felony under N.C. Gen. Stat. § 20-138.5.
This offense carries:
- A mandatory minimum 12-month prison sentence,
- Permanent revocation of your driver’s license, and
- Vehicle forfeiture in many cases.
The state must prove each prior conviction, but once verified, the sentencing court treats them as if they occurred in North Carolina.
How Out-of-State Convictions Are Verified
Prosecutors must present certified records of the prior convictions, usually obtained from the other state’s Department of Motor Vehicles or court system.
However, these records are often incomplete, inconsistent, or lack essential details—such as the statute number or elements of the offense.
Your attorney can challenge:
- Whether the conviction record is properly certified.
- Whether it meets North Carolina’s “substantially similar” standard.
- Whether it falls within the 7-year lookback period.
- Whether the conviction was final (not under appeal or diversion).
If the prosecution fails to prove these elements, the court cannot use the out-of-state conviction to enhance your sentence.
How Out-of-State DWIs Affect License Suspension and Restoration
An out-of-state DWI can also impact your driver’s license, even if the new charge is pending.
North Carolina participates in the Driver License Compact (DLC), which allows states to share DWI and traffic conviction data. If you’re convicted of DWI in another state:
- The conviction is reported to the North Carolina DMV.
- Your North Carolina driving privileges may be suspended under local law.
- If you face a new DWI here, the old conviction can enhance both your sentence and your license suspension period.
For example:
- A first-time DWI in North Carolina usually carries a 1-year suspension.
- But if you have an out-of-state DWI within 7 years, the DMV may treat you as a repeat offender, leading to a 4-year or permanent revocation.
Defending Against Out-of-State Prior Enhancements
At Martine Law, we carefully review every alleged prior conviction to ensure the state has met its burden of proof. Common defense strategies include:
1. Challenging Substantial Similarity
We analyze the other state’s DWI statute line by line to show that it differs from North Carolina’s law—preventing it from counting as a valid prior.
2. Contesting Documentation
If the records are uncertified, incomplete, or inaccurate, we file motions to exclude them from evidence.
3. Verifying the Time Frame
Only convictions within 7 years of the new offense date count as aggravating factors. Older convictions should not affect your sentence.
4. Negotiating for Reduced Sentencing
If priors are valid, we focus on reducing penalties through mitigation—showing rehabilitation, treatment completion, or clean driving history since the prior conviction.
How Martine Law Protects Clients with Out-of-State DWIs
Out-of-state priors can complicate a DWI case—but they can also be challenged effectively with the right legal strategy. At Martine Law, we handle every aspect of your defense:
- Reviewing prior convictions for legal validity and timing.
- Filing motions to suppress improper or outdated records.
- Negotiating plea agreements that minimize aggravating impact.
- Representing you in DMV and court proceedings for license restoration.
We combine local experience with statewide insight to make sure your rights are fully protected—no matter where your past convictions occurred.
If you’re facing a DWI in North Carolina and have prior convictions from another state, the stakes are high. Let us help you protect your record, your license, and your future.
Contact Martine Law today for a confidential consultation with an experienced DWI defense attorney.