In North Carolina, habitual impaired driving, also known as Habitual DWI (driving while impaired) is an extremely serious offense. With out-of-state record checks revealing more prior convictions outside of North Carolina, habitual impaired driving charges are on the rise in North Carolina. In 2011 over 400 Habitual DWI / DUI charges were filed in North Carolina. There were undoubtedly more DWI / DUI charges that could have been charged as Habitual Impaired Driving in Wake County, but were not filed because of prosecutorial discretion or because prior DWI / DUI charges were not discovered by the Wake County District Attorney.
Elements of Habitual DWI / DUI North Carolina
In order to prove habitual impaired driving, the district attorney must show:
- - The defendant was driving
- - A vehicle;
- - On a public highway;
- - While impaired; AND
- - Has at least three prior convictions of impaired driving within the 10 years prior to the date of offense of the current impaired driving charge.
N.C.G.S. § 138.5. The Habitual DWI / DUI is really just proving the normal elements of a DWI / DUI in North Carolina, with the one additional requirement that the DA show three prior convictions.
Wiley Nickel is a member of the Wake County Academy of Criminal Trial Lawyers
Punishment of Habitual DWI / DUI North Carolina
A habitual DWI / DUI is punishable as a Class F Felony. Habitual impaired driving carries a minimum 1 year jail sentence. A person convicted of Habitual DWI / DUI will also have their driver’s license permanently revoked by the North Carolina Division of Motor Vehicles (NC DMV).
We Are Proud to Be Your North Carolina DWI / DUI Center with our centrally located office in Cary, NC.
Putting forth the best defense often requires looking at your case from the State’s perspective. The State has very little discretion to dismiss DUI cases so there is little for you to do except try your case and ensure that the State can prove your guilt beyond a reasonable doubt (which is a very high bar).
Our Raleigh Habitual DUI Lawyer leaves no stone unturned in the search for evidence helpful to your defense, which can include:
- - Speaking to the investigating officer
- - Obtaining police reports
- - Locating and investigating witnesses
- - Obtaining photographs of the arrest scene
- - Reviewing relevant medical records
- - Examining available police video evidence
At The Law Offices of Wiley Nickel, PLLC our DWI attorney will personally meet with you from the very beginning of the attorney-client relationship. We believe that effective DWI / DUI representation cannot be accomplished without excellent client communication. At any time during or after your case, we can meet with you to discuss your DWI / DUI charge. Our Raleigh North Carolina DWI / DUI team will keep you apprised of all developments in your case.
Our office is centrally located in Cary, NC. If you have been charged with Habitual DWI / DUI in North Carolina, your first step should be to CALL US NOW. We have an attorney on- call 24/7 to speak with you about your case. You can reach us at 919-585-1486 or by e-mail at email@example.com