Criminal Defense Attorney Clarke Dummit answers 3 of the most commonly asked questions his clients are concerned about after they have been charged with a DWI in North Carolina.
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Is it a felony?
Generally, in North Carolina, a DWI is charged as a misdemeanor. However, if you’re driving while impaired charge involved death or serious injury to another you could be dealing with a felony charge as well. Further, if you’ve accumulated three DWI charges within a 10-year period, you could be facing a habitual DWI charge, which is a felony. So, it depends on the specifics of your case, but more than likely, you’re DWI is a misdemeanor charge.
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Am I going to jail?
Jail time is heavily regulated by statute in our state. The judge must consider many things which may lower or raise your sentence, and grossly aggravating factors that jump you to mandatory jail time. However, even if the statutes do call for mandatory active jail time, we have sentencing alternatives that many judges will consider.
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When can I drive again?
This is, again, dependent upon the specifics of your case. There are 3 different means and durations for license revocation in North Carolina, all of which begin and end at different times:
- A non-criminal civil revocation is done by the magistrate and lasts for 30 days
- Refusing a breathalyzer will cause the DMV to revoke a license for up to a year under an administrative revocation
- When convicted of a DWI the judge will revoke a license on a criminal revocation.
For more information see our limited driving page
If you’ve been charged with a DWI in North Carolina, call one of our DWI Attorneys right away and request a consultation to discuss the specifics of your case.