Felony DWI Charges After an Accident

A night out, a wrong turn, a siren behind you, and then, the worst-case scenario. You’re involved in an accident while under the influence, and someone was seriously hurt or killed. Now you’re not just dealing with a DWI anymore. In North Carolina, a DUI resulting in death or serious injury can elevate your charges to a felony, with life-altering consequences.

Below, we explain when a standard DWI becomes a felony, what penalties you might face, and your legal options.

When a DWI Escalates to a Felony in North Carolina

Driving while impaired is typically a misdemeanor offense. However, it can become a felony under certain circumstances, especially if your alleged actions caused injury or death:

• Felony serious injury by vehicle. Occurs when a person is seriously injured in an accident caused by an impaired driver. Under state law, the injury must be substantial, such as a broken bone, prolonged hospitalization, or permanent disfigurement.
• Felony death by motor vehicle. If someone dies from the crash, the charge becomes more severe by statute.
• Aggravated felony death by vehicle. Applies if you’ve had prior impaired driving convictions within seven years, dramatically increasing the potential punishment.

In these cases, the state must prove both that you were impaired and that your impairment directly caused the injury or death.

Penalties for Felony DWI Involving Injury or Death

The punishment for a felony DWI, sometimes described as unintentional vehicular manslaughter, varies depending on the circumstances but can include mandatory prison time, license revocation, and a felony record:

• Felony serious injury by vehicle NC—Class F felony, typically 10 to 59 months in prison, depending on prior convictions;
• Felony death by motor vehicle NC—Class D felony, punishable by 38 to 204 months in prison;
• Felony death by motor vehicle NC sentencing—sentence enhancements apply if you have prior convictions with aggravated charges resulting in longer prison time without parole;
• Misdemeanor death by motor vehicle punishment—in the absence of gross negligence, a lesser charge may be applied, punishable by up to 150 days in jail;
• DUI resulting in death minimum sentence—at least 38 months in prison for a Class D felony under North Carolina’s structured sentencing guidelines; and
• Death by vehicle suspension time—license revocation for at least one year or permanently, depending on the offense.

These penalties have collateral consequences, such as loss of employment opportunities, reputational harm, and limited civil rights.

What to Do If You’re Facing Felony DWI Charges

If you’re dealing with charges related to a DUI resulting in death, time is not on your side. Contact a knowledgeable criminal defense attorney to challenge the evidence, suppress improper testimony, and develop a strategic path forward.

An experienced local attorney can often reduce charges or minimize penalties.

Why Clients in Carteret County Choose Us

We don’t just handle criminal defense. We focus exclusively on criminal and traffic offenses in Carteret County. With an office steps from the Carteret County courthouse and a caseload limited to local traffic and criminal matters, Tetterton Law Firm, PLLC, knows the prosecutors, judges, and procedures in ways an out-of-town attorney can’t replicate.

Attorney Joshua Tetterton has extensive experience defending against serious charges. He is recognized for his strategic legal work that safeguards your long-term future.

If you’re facing allegations that your driving caused serious harm or loss of life, don’t face them alone. We’re here to stand by you and fight for your rights every step of the way.

Frequently Asked Questions

When Does a DWI Become a Felony After an Accident?

A DWI becomes a felony if it results in serious injury or death. These charges include felony serious injury by vehicle or felony death by motor vehicle.

Can I Go to Jail for a Felony DWI After a Crash?

Yes. If someone was seriously injured or killed, you may face a mandatory prison sentence, even if this was your first offense. For example, a crash involving alcohol that leads to a fatality can result in a minimum prison sentence of at least 38 months.

What Are the Penalties for a Felony DWI Involving Injuries?

You may face Class F or Class D felony charges, which can mean 10 to 160 months in prison. License revocation and a felony record are also likely.

Resources:

• North Carolina Highway Patrol, Frequently Asked Questions: What are the five levels of driving while impaired?,  link.
• North Carolina Sentencing and Policy Advisory Commission, Offense Classifications, link.