Is a DWI a Felony in North Carolina?
When a DWI crosses into felony territory in NC: habitual DWI, death by vehicle, and related statutes.
Most DWIs are misdemeanors. However, habitual DWI or certain death-by-vehicle scenarios can be charged as felonies under North Carolina law.
➜ Estimate misdemeanor DWI penalties with the NC DWI Sentencing Calculator.
Table of Contents
- When DWI Becomes a Felony
- Habitual DWI (Felony)
- Death by Vehicle and Serious Injury
- Sentencing Basics and Prior Record
- Related Offenses You May See Charged
- FAQs
- Sources
When DWI Becomes a Felony
While a first-time DWI is typically a misdemeanor, North Carolina law elevates certain impaired‑driving conduct to felony levels—most notably habitual DWI and some death‑by‑vehicle or serious‑injury‑by‑vehicle cases.
Habitual DWI (Felony)
- Multiple qualifying prior DWIs in a statutory period can elevate to a felony.
Habitual DWI is a separate felony offense under North Carolina law. It generally applies when a person drives while impaired after accumulating the required number of qualifying prior DWI convictions within the lookback period specified by statute.
Death by Vehicle
- Certain fatality cases connected to impaired driving may result in separate felony charges.
Depending on the facts, death‑by‑vehicle and serious‑injury‑by‑vehicle offenses associated with impairment can be charged as felonies. The exact class depends on the statute subsection, causation, and proof of impairment.
Sentencing Basics and Prior Record
If charged as a felony (e.g., habitual DWI or certain death‑by‑vehicle variants), punishment is determined under the structured sentencing grid by Offense Class (A–I) and Prior Record Level (I–VI). Judges select among Mitigated, Presumptive, or Aggravated ranges based on findings.
Helpful references:
- NC Felony Sentencing Calculator: /legal/north-carolina/felony-sentencing-calculator
- NC Felony Classes Explained (A–I): /blog/north-carolina-felony-classes-explained
Related Offenses You May See Charged
- Felony serious injury by vehicle (impairment related)
- Aggravated level misdemeanor DWI (not a felony, but severe penalties)
- Hit and run (varies by facts)
FAQs
Is a first DWI a felony?
Typically no. Felony status arises with habitual DWI or certain death-by-vehicle scenarios.
What is habitual DWI?
Multiple prior DWI convictions within a statutory period can elevate to felony habitual DWI.
Do felony DWI cases involve PRS?
Felony sentences that include active time may carry Post‑Release Supervision (PRS) depending on class: B1–E typically 12 months; F–I commonly 9 months.