Having a DWI on your record can result in severe consequences that go beyond monetary fines and jail time. If you’ve been found guilty of driving while impaired, the conviction will remain on both your criminal history and driving record. This means it will appear on a criminal background check, impacting your employment opportunities, professional licensing, educational opportunities, and ability to secure housing. Even just one DWI can result in license revocation and a hike in your insurance premiums for years.

But while a DWI remains on your record permanently, there are certain “look-back” periods that courts apply for sentencing purposes. Similarly, the DMV has its own “look-back” system when it comes to the accrual of points and license suspension. Notably, the criminal justice system and the DMV handle DWIs as two separate proceedings, each applying their own time frames and penalties.

Key Takeaways

What is the Impact of a DWI for Sentencing Purposes?

If you’ve been convicted of a DWI, the court is permitted to consider prior DWI convictions for sentencing purposes. This is commonly called the “look-back” period. Specifically, this is the period of time the court looks at to determine whether the DWI should be classified as a felony or misdemeanor, and what penalties should be imposed.

A prior DWI on your record can impact sentencing in the following ways:

• A DWI that occurred within seven years of a previous DWI conviction is charged as a misdemeanor and can result in harsher penalties at sentencing.
• A fourth or subsequent DWI conviction within ten years can result in sentencing for a felony habitual DWI.
• If the previous misdemeanor DWI conviction was more than seven years before the current DWI, you would effectively be charged as a first-time offender, though the court could consider the prior DWI in sentencing.

Critically, even if the look-back period has passed, this does not mean you have a clean record. Any DWI convictions remain on your criminal record for life, resulting in long-term consequences for your life and livelihood. DWI convictions typically cannot be expunged in North Carolina.

How Long Does a DWI Remain on Your Driving Record?

Apart from the criminal consequences of a DWI conviction, there are also administrative ramifications for your driving record. A DWI does not fall off your driving record after a certain period of time like other traffic infractions. It remains on your driving record indefinitely. However, the conviction may only be used for the purposes of licensing and insurance points for a set period of time.

While an accrual of 12 or more DMV points within a three-year period results in license suspension, a DWI conviction also triggers mandatory driver’s license suspension. The length of time your license is suspended after a DWI depends upon the number of prior convictions on your record:

• First DWI conviction: A first DWI conviction on your record usually results in a one-year license suspension.
• Second DWI conviction: A second DWI often leads to a license suspension of four years, depending on the conditions and amount of time since the last DWI.
• Third DWI conviction: A third DWI may result in permanent license revocation, depending on the conditions and amount of time since the last DWI.

If your license has been revoked after a third DWI, you may be able to have your driving privileges restored by the DMV after a period of three to five years. Restoration requires requesting a hearing with the DMV, proving sobriety, paying monetary fees, and completing a substance abuse treatment program. You may also be required to install an interlock ignition device in your vehicle for a period of seven years.

How Long Do Insurance Companies Consider a DWI?

Insurance companies usually consider a DWI on your record for seven to 10 years, with premiums at their highest for the first three to five years after the DWI. A DWI adds 12 insurance points to your license, which can result in an insurance premium increase of over 340%. In some cases, this may make it impossible to obtain insurance coverage. You might also be required to file a form SR-22 with the DMV if your license was suspended, which proves you meet the state’s minimum required coverage. While not all insurers offer this form, you may need to switch to an insurance company that specializes in providing high-risk insurance.

Contact an Experienced North Carolina DWI Attorney

If you were charged with a DWI, it’s crucial to have a knowledgeable criminal defense attorney by your side who can fight the charges against you and help you avoid the consequences of having a DWI on your record. The Johnston County DWI attorneys at Reece & Reece, Attorneys at Law provide dedicated representation and adept advocacy to clients facing DWI charges in North Carolina. Call (919) 300-1249 or contact us online to schedule a consultation and learn how we can help.