North Carolina has strict laws when it comes to driving while impaired, and the penalties can be harsh, especially for repeat offenses. If you have been charged with a DWI before, the court will consider your past convictions when determining your punishment. However, the law does set a limit on how far back a judge can look when sentencing a new DWI case. This is called the DWI lookback period.

What is a DWI in North Carolina?

A DWI, or driving while impaired, is a serious criminal offense in North Carolina. Under state law, a person can be charged with a DWI if they are caught driving while under the influence of alcohol or drugs. A driver is legally impaired if their blood alcohol concentration (BAC) is 0.08% or higher.
North Carolina also enforces a zero-tolerance policy for certain substances, meaning any detectable amount of a Schedule I controlled substance in a person’s system can lead to a DWI charge. Finally, you can be convicted of DWI for “appreciable impairment” of your mental or physical faculties due to alcohol or other substances, even if your BAC doesn’t reach the .08 threshold or test positive for Schedule I substances.

The penalties for a DWI depend on several factors, including prior offenses, the driver’s BAC level, and whether any aggravating factors were present. Repeat offenders face harsher punishments, which is why understanding the lookback period is so important.

How Does the DWI Lookback Period Work?

When someone is charged with a DWI, the court will determine if they have prior DWI convictions within a specific timeframe. This timeframe is known as the lookback period. The lookback period affects whether a new DWI is treated as a first offense or a repeat offense, which can significantly impact the penalties a driver faces.

For a misdemeanor DWI, the most serious lookback period in North Carolina is seven years. If a person has a prior DWI conviction within the last seven years, that conviction will constitute a grossly aggravating factor that will mandate jail time or other harsh punishment on the new charge if convicted. For older DWI convictions, they still will be considered aggravating factors which can increase the punishment on the current charge, though they don’t automatically require jail time on the new charge.

For felony habitual DWI charges, the lookback period extends to ten years. If a driver has been convicted of three or more DWIs within the past ten years, the next DWI will be considered a felony. This means longer jail sentences, higher fines, and more severe long-term consequences.

Does the Lookback Period Erase Old DWI Convictions?

Many people mistakenly believe that once the lookback period has passed, their old DWI convictions disappear. However, that is not the case. DWI convictions remain on your criminal and driving record and cannot be expunged.

Having prior DWIs on record still impact insurance rates, employment opportunities, and background checks.

How Can a Lawyer Help with a DWI Charge?

Facing a DWI charge in North Carolina is stressful and distressing, but having the right legal representation can make all the difference. A skilled attorney can evaluate your case, determine whether past convictions fall within the lookback period, and build a strong defense strategy.

At Reece & Reece, we understand the complexities of North Carolina’s DWI laws and how they apply to your situation. Whether you are dealing with your first DWI or facing serious penalties for repeat offenses, we are here to help. Our team will fight to protect your rights, challenge any weaknesses in the prosecution’s case, and work to achieve the best possible outcome for you.

Our client testimonials demonstrate our dedication to achieving justice and the best possible outcomes, reflecting our unwavering commitment to protecting our clients' rights and fighting for their future. If you have been charged with a DWI, do not wait to get legal help. Contact Reece & Reece today to schedule a consultation and discuss your options.