Motorists accused of chemical impairment at the wheel may face driving while impaired (DWI) charges, which some other jurisdictions call driving under the influence (DUI) charges. Frequently, DWI defendants face misdemeanor charges.
The penalties that the state may impose depend in part on the outcome of the crash and the personal record of the accused driver. Prosecutors tend to push for the most serious charges that they can legally justify and may seek the harshest penalties possible as well.
In a few scenarios, state prosecutors may be able to file felony DWI charges against motorists. When can impaired driving be classified as a felony offense?
After multiple repeat offenses
North Carolina has a 10-year lookback period for DWI cases. Any offense from within the last 10 years can impact how the courts handle the case. A driver who has three prior convictions from within the last decade could be at risk of a felony charge. They qualify as a habitual DWI offender. Fourth and subsequent offenses are felony DWI offenses that could carry a minimum year-long jail sentence and other penalties. The possibility of escalating charges and penalties makes fighting not just a fourth DWI but any prior charge also worthwhile.
After injuring others
Sometimes, drivers don’t get arrested because of a traffic stop. Instead, involvement in a motor vehicle collision is what leads to their prosecution. Police officers responding to a crash may evaluate the drivers involved for signs of impairment. If a driver fails a chemical test and the crash causes injury to other people, felony charges could follow.
After a deadly collision
The worst-case scenario in any car crash situation is when someone dies. Collisions are a leading cause of premature mortality for people of all ages. The state sometimes prosecutes drivers for causing fatal crashes even when there are no allegations of intoxication. In scenarios involving a chemically impaired motorist, felony charges are likely. The state can pursue a Class D felony death by vehicle charge.
Understanding how the state classifies and prosecutes DWI offenses can help people prepare a reasonable defense strategy. Drivers who fight their DWI charges successfully can avoid a life-altering felony conviction and the various penalties it may carry.