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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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Facing charges for driving while impaired in North Carolina can be frustrating at any age. The state treats DWI offenses harshly, and charges can very easily impact a driver’s privilege to drive. People under the age of 21 generally can face a different standard when it comes to alcohol consumption and driving a motor vehicle in North Carolina.

The state has a zero tolerance policy toward underage drinking and driving. That means that any measurable amount of alcohol may serve to support underage DUI charges under North Carolina law. However, the state can also pursue full DWI charges against an underage driver based upon an alcohol test reading of 0.08 percent or greater. Recently, an underage driver has arrested for her second DWI at the age of 18-year-sold.

Deputies in Davidson County claim that an 18-year-old driver was seen crossing over the center line while driving around 2:00 a.m. Sunday. The deputies pulled over the teenager, and a check of her driver’s license reportedly revealed that the license had been suspended after a previous DWI offense.

The young woman not only faces new North Carolina DWI charges, but was also arrested on suspicion of driving with a suspended or revoked provisional license, having an open container, under possession of alcohol and driving left of center. The teenager was hauled to the police station and later released into the custody of her stepmother after the most recent North Carolina DWI arrest.

A report from WFMY News does not indicate what the teenager’s blood alcohol level allegedly might have been on the night of the DWI arrest. It is also not clear if the arrest involved allegations of DWI or underage drinking and driving.

Source: WFMY News 2, “18 Year-Old Gets 2nd DWI, Charged With Other Traffic Violations,” June 25, 2012

Greenville DUI Attorney Blog | North Carolina Underage Drinking Lawyer | Pitt County First DUI Law Firm