Whether it’s your first DWI in North Carolina or you’ve been charged with a subsequent offense, you may be wondering, “is a DWI a felony or misdemeanor?” The answer is: it depends. While a standard DWI is usually charged as a misdemeanor, there are several exceptions where the offense of driving while impaired may be charged as a felony.

Key Takeaways

When is a DWI a Misdemeanor?

Most DWI offenses are charged as misdemeanors under North Carolina law. There are six levels of misdemeanor punishments for DWIs, depending on the severity of the crime. A judge would consider both aggravating and mitigating factors in a DWI case to determine the sentence. The more aggravating factors there are, the more serious level of sentencing a judge would impose.

DWI Misdemeanor Sentencing Levels

In North Carolina, the most serious level of misdemeanor punishment is an Aggravated Level One, which must be imposed if three or more grossly aggravating factors exist, such as if a child was in the car, you caused an accident that resulted in serious injuries, and you had a prior impaired driving conviction within seven years. An aggravated Level One can result in 12-36 months jail time and a fine up to $10,000.

Other misdemeanor DWI sentencing levels include:

• Level One: Level One sentencing is required if there are two grossly aggravating factors in the case. 30 days to 24 months in jail can be imposed, along with a $4,000 monetary fine.
• Level Two: Level Two sentencing for a DWI is required if one grossly aggravating factor is present. This level may result in seven days to 12 months in jail, and a $2,000 fine.
• Level Three: Level Three sentencing can include a penalty of 72 hours to six months in jail and a $1,000 fine. This level of sentencing can be imposed when the aggravating factors outweigh the mitigating factors.
• Level Four: A judge may impose a Level Four sentence Penalties can include 48 hours to 120 days in jail and a $500 fine. This occurs when the aggravating and mitigating factors are balanced.
• Level Five: Level Five is the least severe sentencing level for a DWI in North Carolina and applies when the mitigating factors in the case outweigh the aggravating factors. The penalties that can be imposed include 24 hours to 60 days in jail and a fine up to $200.

Under North Carolina law, mitigating factors that can be considered may include a lower level of impairment, a safe driving record, voluntarily completing a substance abuse treatment program, and other facts that may be deemed to reduce the seriousness of the DWI offense.

When is a DWI a Felony?

You may be wondering if a DWI is a felony or misdemeanor if you have multiple DWIs on your record. Habitual Impaired Driving is classified as a Class F felony in North Carolina. A person can be convicted of this offense if they have been found guilty of three or more drunk driving offenses within ten years of the date of the current offense. Habitual Impaired Driving carries a mandatory minimum prison term of one year, which cannot be suspended. Penalties also include permanent license revocation and vehicle forfeiture.

Notably, the offense of Habitual Impaired Driving is distinct from A1 Level sentencing. While the misdemeanor sentencing level applies aggravating factors in the case, the felony offense deals specifically with the number of prior convictions.

What Other Felony DWI Charges Can You Face?

While a DWI is a felony or misdemeanor in North Carolina, it’s critical to be aware that there are various separate felony charges that are often associated with driving while impaired. If your impairment resulted in an accident that caused injury or fatality to another, some of the charges you might face can include the following:

• Felony death by vehicle: Felony death by vehicle can be charged when a person unintentionally causes the death of another while driving impaired. This offense is a Class D felony.
• Felony serious injury by vehicle: Felony serious injury by vehicle can be charged when a person unintentionally causes serious injury to another while driving impaired. This is classified as a Class F felony.
• Aggravated felony death by vehicle: This offense can be charged when a person unintentionally causes the death of another while driving impaired and they have a previous DWI conviction within seven years on their record. This offense is a Class D felony.
• Aggravated felony serious injury by vehicle: A person can be charged with this offense if they unintentionally cause serious injury to another while driving impaired and they have a prior DWI conviction within seven years on their record. This offense is a Class E felony.

Significantly, the felony offense of death by vehicle is separate from the misdemeanor offense of death by vehicle. While both require the element of unintentional death caused by the driver, the misdemeanor offense only requires that the driver violated a traffic law, rather than engaged in the offense of impaired driving.

Contact an Experienced North Carolina DWI Attorney

If you’ve been arrested for a DWI, it’s essential to have a skilled criminal defense attorney to fight the charges against you. The Johnston County DWI attorneys at Reece & Reece, Attorneys at Law provide trusted representation and aggressive advocacy to clients who are facing DWI charges in North Carolina. Call (919) 300-1249 or contact us online to schedule a consultation and learn how we can help.