
You’re driving home late at night when flashing blue lights appear in your rearview mirror. Your heart sinks as you realize this isn’t your first Driving While Impaired (DWI) charge—it’s your third. At this moment, the stakes couldn’t be higher. What happens next could define much of your future. Fortunately, with a skilled attorney, you can take control of your situation and work toward the best possible outcome.
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North Carolina’s DWI Laws
A DWI (also called driving under the influence or DUI) occurs when a driver operates a vehicle with a blood alcohol concentration (BAC) of 0.08% or higher or while impaired by drugs or alcohol.
North Carolina enforces strict DWI laws to deter individuals from driving under the influence, reduce the risk of accidents, and protect the public’s well-being. Various factors can increase the level of the charge and the punishments, such as previous DWI convictions within the last 10 years.
The state uses a sentencing structure that weighs mitigating, aggravating, and grossly aggravating factors to determine the severity of your penalties. This method ensures that each case is evaluated individually—but it also means more severe treatment for repeated offenses.
Is a Third DWI a Felony?
Many people wonder if a third DWI is a felony. A third DWI offense in North Carolina is not automatically charged as a felony. However, if one of your prior convictions was within the last 10 years and involved certain aggravating factors—such as multiple injuries or property damage—you may face felony charges under North Carolina’s habitual DWI laws.
For instance, a person charged with their third or subsequent DWI within 10 years will face felony habitual DWI charges, punishable by a minimum of 12 months in prison, permanent loss of driving privileges, and mandatory substance abuse treatment.
Even without aggravating factors, a DWI third offense can result in severe penalties.
Penalties for a Third
North Carolina’s penalties for a third DWI offense reflect the gravity of repeat offenses and include the following:
- Jail time. A third DWI within seven years is considered an aggravated level one, resulting in 12-36 months in prison.
- Fines. These can range from $2,000 to $10,000, depending on the severity of the offense.
- License revocation. Your driver’s license may be revoked for a minimum of five years. However, a third offense within seven years often results in permanent revocation.
- Ignition interlock device. You’ll need to install an ignition interlock device to regain driving privileges—there’s no getting around it.
- Substance abuse treatment. Completing a court-ordered treatment program is mandatory and serves as a condition for license reinstatement.
Penalties for a third DWI increase significantly if previous offenses had aggravating factors like speeding, reckless driving, or causing an accident with injuries.
These penalties have far-reaching effects beyond the immediate legal consequences. They often affect aspects of your life, such as employment opportunities, personal relationships, and your long-term mental well-being.
With so much at stake, you need a strategic legal defense so the repercussions of a third DWI do not spiral out of control.
How Tetterton Can Help
Dealing with a third DWI offense is challenging, but you don’t have to do it alone. At Tetterton Law Firm, PLLC, we understand the challenges you’re up against and are dedicated to fighting for your rights, freedom, and future. We believe that no one should be defined solely by their past mistakes.
Our team brings compassion and experience to every case, working tirelessly to uncover overlooked evidence or procedural missteps that could make a difference in your outcome. We’ll carefully review the evidence, challenge procedural errors, and build a personalized defense strategy tailored to your case.
Whether negotiating reduced charges or aggressively defending you in court, our priority is helping you move forward. Contact us today to schedule a confidential consultation.
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