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A North Carolina man is facing felony drunk driving charges after law enforcement says that the man fell asleep in his car in Belmont, North Carolina. Authorities claim that the Gastonia man was driving in Belmont around 2:00 in the morning Sunday and ran into the ditch. Law enforcement believes that the driver passed out in his car with the engine still in gear.

It is not clear from a news account in the Gaston Gazette how long the car allegedly remained in the ditch while the man slept. A Belmont Police officer claims that the driver smelled of alcohol when he was found sleeping behind the wheel. Authorities arrested the driver and claim that he blew a 0.15 percent alcohol level in a breath test at the Gaston County Jail.

The man faces several charges including habitual DWI, DWI and driving with a revoked license. He was jailed under a ,000 secured bond.

Generally, people charged with DWI in North Carolina can face harsh consequences for any level of offense. Our laws include a complex array of grossly aggravating, aggravating and mitigating factors that may be argued. A person’s prior record may come into play at any level. But, when a person is charged with habitual DWI, the law requires a mandatory minimum 12-month sentence be imposed upon any conviction. That mandatory minimum means that a suspended sentence with probation is not on the table, if a person is convicted.

We have recently discussed habitual DWI issues as lawmakers are considering changes to the habitual offender law. At the current time, a person may face a habitual DWI charge if the person has three prior DWI convictions within the past 10 years, but the threshold may be lowered to two priors by lawmakers, as we have discussed.

Source: Gaston Gazette, “Man charged with habitual DWI,” Diane Turbyfill, May 5, 2013

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Lawmakers in the North Carolina House passed to measures last week that are aimed at habitual drunk driving charges in the state. Essentially, habitual driving while impaired is a specific type of repeat DWI offense. Lawmakers say that when repeat DWI convictions rise to a specified level, prosecutors can seek a habitual DWI charge, which is a felony level offense.

One of the measures passed by the North Carolina House last week involves lowering the threshold level to bring habitual DWI charges. Currently, a fourth conviction of DWI within a 10-year time frame qualifies as a felony-level habitual DWI offense. House lawmakers passed a bill lowering that threshold to three convictions in 10 years. That means that a driver accused of DWI with two prior DWI convictions within a decade could be facing a felony.

The second measure eliminates the 10-year look-back period for any driver previously convicted of habitual DWI. Lawmakers call the look-back period a “loophole” in the habitual DWI statute. The house bill seeks to make any DWI offense involving a driver previously convicted of habitual DWI a felony habitual DWI offense.

That is–a driver previously convicted of habitual DWI, even if the person has had no other record for 30 years, 40 years or more– may face a felony DWI under the new paw if passed by the Senate and ratified.

Source: News and Record, “N.C. House supports tougher DWI laws,” Travis Fain, March 19, 2013

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Earlier this month, this blog discussed habitual driving while impaired charges. North Carolina law allows authorities to seek felony DWI charges against drivers with repeat DWI offenses within a 10 year time frame. A fourth conviction of DWI within 10 years qualifies as a habitual DWI offense, which carries the potential for serious consequences, starting with a mandatory minimum prison sentence.

Lawmakers are considering a change to North Carolina law to allow prosecutors to pursue more felony DWIs under the habitual DWI provisions of the law. A bill has been introduced in the House that would somewhat modify the 10-year look-back period. The House bill proposes to eliminate the 10-year period for people who have been previously convicted of a habitual DWI offense.

In other words, a fourth offense within 10 years would still qualify for a habitual DWI charge, but a driver previously convicted of the felony level DWI would qualify for new habitual DWI charges in North Carolina regardless of the timing of the previous habitual conviction.

Authorities do not know how many people have avoided habitual DWI charges due to the current version of the look-back period. Twenty two sponsors have signed on to the measure, known as House Bill 31.

The measure reportedly was prompted after a 53-year-old habitual DWI offender was released on parole in 2010. He had been sentenced in 1993 to a 40-year prison term. He had spent 17 years behind bars before his parole. Authorities say that he was convicted of DWI in Guilford County in 2011 and has more recently been charged in Forsythe County. Neither of the recent offenses qualified as habitual DWI offenses because the most recent prior occurred before the 17 years the man spent in prison.

Source: News-Record, “DWI bill would remove N.C. loophole,” Travis Fain, Feb. 14, 2013

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People accused of drunk driving with prior convictions for driving while impaired in North Carolina face stiffer consequences if charged with a repeat DWI offense. In 2011, the penalties for repeat DWI charges became more strict under a law commonly referred to as “Laura’s Law,” as this blog has previously discussed. Charges for alleged habitual drunk driving are a serious matter, and the penalties became more serious when Laura’s Law went into effect.

A North Carolina driver is accused of habitual impaired driving after officers responded to a report of a car accident last Friday in Wilson, North Carolina. The car accident was reported shortly before 4:15 in the afternoon. Wilson Police officers believe that the 48-year-old Bailey, North Carolina woman involved in the wreck was impaired. She was taken to an area hospital for medical treatment and authorities reportedly obtained a blood sample. Results of the blood test have not been released.

Authorities say that the Bailey woman has been convicted of three prior DWI offenses on her record. The oldest of the DWI offenses dates back to 2001, according to the Wilson Times. The woman was booked into jail in on ,000 secured bond. A charge of habitual DWI is considered a felony offense in North Carolina.

Generally, North Carolina law allows prosecutors to charge a driver with a habitual DWI offense based upon allegations that the driver has been convicted of three or more specified offenses involved with impaired driving within 10 years of the current DWI allegations. The DWI law says that a person convicted of habitual DWI must serve a mandatory minimum of at least one year. Other provisions extend to the vehicle involved in an alleged a habitual DWI offense and revocation of driving privileges in North Carolina.

When the stakes are raised by allegations of a repeat DWI offense, it becomes more important for a person accused of the offense to seek legal counsel to defend against the charges. A criminal defense lawyer can assess the procedures involved in the case, as well as the facts to help protect against possible government over reaching.

Source: Wilson Times, “Crash leads to habitual DWI charge,” Corey Friedman, Jan.28, 2013

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Earlier this week, this blog reported that a man was charged with driving while impaired on a moped in Wilkesboro, North Carolina. A similar account has made the news in Clinton, North Carolina-at least as far as the vehicle involved in the DWI allegations. However, Police in Clinton claim that the man accused of DWI while riding a moped is a repeat offender.

Law enforcement says that authorities received several calls about a man on a moped. One caller told dispatchers that the man kept falling off the motorized bike. A police officer looked for the man, but apparently could not locate the man or the moped. Later, the caller phoned authorities again claiming that the man was at a gas station.

The officer searched the area, but still could not find the moped. A short time later, the officer found a man in the middle of a Clinton street-underneath a fallen moped.

The police officer arrested the Clinton man on suspicion of drunk driving charges. Authorities claim that the man blew an alcohol reading of 0.29 percent. However, officials apparently claim that the man had several prior DWI convictions on his record within a 10-year time frame. In addition to DWI, the man has been charged with felony habitual DWI, according to the Sampson Independent. The man was booked into jail with bond set at ,000. His next court date is scheduled for March 14.

North Carolina law treats any DWI conviction harshly. But the consequences become more strict if a person has a prior DWI conviction in a specified number of years.

When a driver is accused of new DWI charges with three prior convictions within 10 years, North Carolina law allows authorities to seek habitual DWI charges, which is a felony level offense. A person convicted of felony habitual DWI in North Carolina must expect to serve time in prison.

State law requires judges to impose a mandatory minimum of one year in prison for a conviction of habitual DWI, a minimum sentence that cannot be suspended. The judge can impose a longer sentence in excess of the mandatory minimum.

Source: Sampson Independent, “Clinton man charged with habitual DWI,” Sherry Matthews, Jan. 14, 2013

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Prosecutors turned to the North Carolina habitual felon statutes in a drunk driving case against a Leland, North Carolina, man. Authorities arrested the man in November on suspicion of driving while impaired. A grand jury later indicted the man as a habitual impaired driver, based in part on evidence that the man had a number of prior impaired driving arrests on his record.

Authorities say that the November 2011 DWI arrest was the 49-year-old defendant’s eighth DWI arrest. Prosecutors say that the man failed field sobriety tests and tested for a 0.10 blood alcohol level in a test on the night of the DWI arrest.

Prosecutors looked to the man’s overall criminal history and say that he has had numerous drunk driving charges, as well as 19 other criminal convictions, the bulk of which are reportedly for felony level offenses. Authorities say the man has priors for forgery, possession of stolen property, drug crimes and breaking and entering.

The habitual felon enhancements significantly increased the Leland man’s exposure to prison time. The defendant was sentenced to about two years behind bars for the November DWI allegations. The two years would have been the maximum sentence allowed, except for the habitual felon statutes. The habitual felon sentencing enhancements more than quadrupled the man’s overall sentence. The judge imposed a sentence of 108 to 138 months-or 9 to 11.5 years– in prison.

The 49-year-old was first convicted of DWI in 1993. He also has prior DWI convictions from 1996, 2000, 2002, 2004, 2006 and 2007. The 2007 conviction resulted in a sentence of 1 year and 8 months.

Sources:

• Star News Online, “Habitual drunken driver gets lengthy prison sentence,” F.T. Norton, July 25, 2012
• WECT “Following 8th DWI conviction, man sentenced to minimum of 9 years,” July 30, 2012

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Gaston Police say they have arrested a man for driving while impaired for at least the fifth time. A Gaston County officer says he observed a 1989 Toyota that was not properly maintaining a single lane. This blog has reported stories regarding DWI arrests in various situations, including after an accident or at a sobriety checkpoint. However, Greenville DWI defense attorneys are aware that many DWI cases arise after traffic stops alleging minor traffic infractions.

The Gaston County officer says the Toyota failed to stop immediately after the officer activated his lights and siren. Law enforcement claims the driver continued on down the road for approximately one-half mile before pulling over.

The officer claims the driver appeared unsteady on his feet during the traffic stop. Law enforcement claims the driver exhibited glassy eyes and had the smell of alcohol on his breath. The driver was subjected to a breath test to provide evidence of alcohol content. Police say the Intoxilyzer test showed an alcohol level of .20, more than the .08 limit under North Carolina law.

Police arrested the driver for DWI and booked him into the Gaston County Jail under ,000 bond. The man was also charged with driving left of center and driving while license revoked.

Police allege the man’s driving privilege in North Carolina has been permanently suspended. Police say the driver has at least four previous DWI convictions.

Source: Gaston Gazette, “Habitual drunken driver picks up new DWI charge,” Kevin Ellis 16 May 2011

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