Why a prior DWI changes the case
North Carolina’s DWI sentencing law, G.S. 20-179, lets a judge weigh factors for and against you. A prior impaired-driving conviction within a set number of years before the new offense is treated as one of the most serious factors. It can move the case to a higher sentencing level, where jail becomes more likely.
Prior convictions also matter for your license. Under G.S. 20-19, a first DWI conviction usually brings a one-year revocation. A second conviction within three years of a prior one brings a four-year revocation. A third conviction can bring a permanent revocation, depending on the dates of the earlier ones. We check your record and the dates closely, because the timing of each prior case matters.
When a DWI becomes a felony
North Carolina has a habitual DWI law. When a person has a certain number of prior impaired-driving convictions within a set period, a new DWI can be charged as a felony in superior court. A felony charge brings a longer possible sentence and other lasting consequences.
We read the actual record, not a summary. Old convictions are sometimes counted wrong, dated wrong, or listed under the wrong statute. Those details can change what you face.
A felony case moves differently from a district court DWI. It may involve an indictment and a trial in superior court before a jury. We explain each step as it comes.
Your license and your vehicle
The early civil revocation under G.S. 20-16.5 still applies after a new charge. If you have another pending impaired-driving case, the revocation can last until all of the cases are finished, and never less than 30 days. A person with another unresolved impaired-driving charge does not qualify for a pretrial limited privilege.
Under G.S. 20-28.3, the vehicle can be seized when a person is charged with DWI while the license was already revoked because of an earlier impaired-driving revocation, or while driving with no valid license and no insurance. If your car was taken, tell us right away. An owner who was not involved may ask the clerk to find that he or she is an innocent owner.
How we defend a repeat DWI
A prior record does not prove the new charge. The State still has to prove you were driving and that you were impaired, with legal evidence gathered the right way. We investigate rather than process. We look at:
- The reason for the stop and the arrest.
- The field sobriety tests and how they were scored.
- The breath or blood test procedure.
- The body camera and dash camera video.
- The prior convictions and their dates.
We tell you the hard truth about the evidence and about your exposure. That lets you make real decisions, not guesses.
Assessment and treatment before court
In a repeat case, what you do before court can matter. Under G.S. 20-179, a voluntary assessment and treatment after the charge are factors a judge may weigh in your favor. Treatment that is started early, and kept up, gives the judge something concrete to see.
An assessment is also part of getting your license back. After a conviction, DMV restores the license only after a certificate of completion under G.S. 20-17.6. Starting the process early can shorten the time you are without a license later. Talk with us before you schedule it, so it is done by the right provider.
Questions we review about your prior record
We do not take the State’s list of priors at face value. For each prior case, we look at:
- The date of the offense and the date of the conviction.
- Which statute the conviction was under.
- Whether the conviction came from another state, and how it compares to North Carolina law.
- Whether you had a lawyer, or waived one, in the prior case.
- Whether the record the State relies on is complete and accurate.
Small errors in a record can change a sentencing level or whether a charge is a felony. That is why we read the actual record, not a summary.
Every case starts with listening. When you call, we ask what happened, where, and when your court date is. Then we explain the next steps in plain words and tell you what we need from you. We return calls promptly and keep you informed as the case moves.
What you can do now
- Gather any papers from your prior cases.
- Keep every paper from this arrest.
- Ask us about a substance abuse assessment and treatment. Under G.S. 20-179, voluntary assessment and treatment after the charge are factors a judge may weigh in your favor.
- Do not drive if your license is revoked.
Call (336) 281-2008 or request a consultation. We explain our fee in writing before you hire us. Hablamos español.
This page is general information about North Carolina law, not legal advice. Every case is different, and no lawyer can promise a result.
Questions people ask us
Is a second DWI a felony in North Carolina?
Usually not. A second DWI is normally a misdemeanor-level offense punished under G.S. 20-179, but the prior conviction can raise the sentencing level. A DWI can become a felony under the habitual DWI law when a person has enough prior convictions within a set period.
Will I go to jail for a second DWI?
Jail is more likely when a prior DWI conviction falls within the period the law sets, because that is treated as a serious factor at sentencing. The outcome depends on the facts, the evidence, and the judge's findings. We explain your actual exposure after we read your record.
Can I get a limited driving privilege for a second DWI?
A pretrial limited privilege is not available if you have another unresolved impaired-driving charge. Whether you can get a privilege after a conviction depends on your record and the law that applies. Ask us about your situation.
Can they take my car after a DWI?
In some cases, yes. Under G.S. 20-28.3, a vehicle can be seized when the driver is charged with DWI while already revoked for an earlier impaired-driving revocation, or with no valid license and no insurance. If your vehicle was seized, call us quickly so we can review your options.
Does an out-of-state DWI count as a prior?
It can. North Carolina law counts an offense in another state that bans conduct substantially similar to impaired driving here. We review each prior conviction to see whether and how it applies.