How Long Does a DWI Stay on Your Record?

Being arrested for DWI can be a frightening experience and may have many long-term implications. If you’ve experienced a DWI arrest, you may be wondering, “How long does a DWI stay on your record?”

DWI Basics in North Carolina

North Carolina has some of the most severe laws and penalties for Driving While Impaired (DWI). In the state, you can be charged with DWI if you are operating a vehicle while impaired by any substance, including alcohol, prescription drugs, or street drugs. The vehicle does not need to be moving, and the law includes non-motorized vehicles like bicycles. The legal limit for blood alcohol concentration is 0.08% or 0.04% for commercial vehicles.

State law provides a structured sentencing system with six levels of punishment, with Level 1 Aggravated being the most severe and Level 5 being the least severe. Each level provides a different range of sentences, and the most serious offenses can’t be suspended or reduced by a judge. Sentences start at 24 hours of community service and may be as high as 36 months of jail time for a first offense.

How Long Does a DWI Stay on Your Record?

When considering how long a DWI conviction stays on your record, there are several elements to take into account, including car insurance points, the lookback period, and the criminal record.

Insurance Points

The North Carolina Safe Driver Incentive Plan issues 1-12 points for driving infractions, and convictions stay on your driving record for three years. If a driver accrues 12 points in three years, the DMV suspends their driver’s license. A DWI will mean 12 points on the driver’s record, resulting in a 12-month suspension for a first-time offender. Each additional offense within the same period increases the length of the suspension or may even make it permanent.

Lookback Period

If a driver gets multiple DWI convictions within a period of time, the penalties become increasingly harsher with each conviction. The time period for which a DWI conviction can be taken into consideration in DWI sentencing is called a lookback period. The lookback period starts on the date of the driver’s most recent conviction.

In North Carolina, the lookback period is generally seven years for a first-time offense, but it may go as high as ten years. Previous convictions during the lookback window accumulate and add to the penalties. DWI convictions from other states can also be considered in sentencing in North Carolina.

Criminal Record

Your criminal record is permanent. This is the record used when prospective employers, loan officers, or landlords run a background check. How far back a background check goes varies, and in many cases, an arrest may show up on your record, even if you weren’t convicted. A DWI conviction can’t be removed in most situations, but an arrest may be eligible to be expunged if the charges are dismissed or you are found not guilty.

Know Your Rights

You always have the constitutional right to due process, and law enforcement and prosecutors must follow proper procedures during arrest, booking, and trial. You also have the right to have an attorney represent you from the moment you are arrested. In addition, chemical testing for DWI has specific, technical rules officers must adhere to, and failure to do so may result in evidence being excluded.

Given the potentially life-changing consequences of a DWI conviction, if you are arrested for DWI, talk to a qualified criminal defense attorney as soon as possible. They can review the details and circumstances of your arrest, determine what opportunities there are to contest the charges, and represent you in negotiations and trials to make sure you get the most positive outcome possible.

FAQs

Q: What Is the Difference Between DWI and DUI?

A: DWI means Driving While Impaired, and DUI is short for Driving Under the Influence. Some states use DUI specifically to mean drunk driving. Before the Safe Roads Act of 1983, North Carolina law had a separate DUI charge. Now, the state only uses the term Driving While Impaired because it covers any type of impairing substance. Therefore, in North Carolina, DUI is considered an outdated term.

Q: Is DWI a Misdemeanor or a Felony?

A: Whether DWI is a misdemeanor or felony partially depends on your record. The first DWI charge is usually a misdemeanor, but if a driver is charged with three in a ten-year period, the fourth DWI may be charged as a felony. Felonies result in harsher penalties, including an automatic jail sentence that a judge can’t suspend.

Q: What Are the Penalties for DUI?

A: Depending on the level of offense, penalties for DWI might include:

• Jail time
• Fines of up to $10,000
• Driver’s license suspension
• Having a device installed in your car that won’t allow you to drive after drinking
• Having your vehicle seized and sold by the state
• Attending a DWI educational program
• A criminal record
• Additional court fees
• Probation

Q: How Does a DWI Affect Your Life?

A: When a driver is arrested for DWI in North Carolina, they usually lose their driver’s license for a temporary period of time. If you do not have a valid driver’s license, it may impact your eligibility for employment or a professional license, depending on your career. A conviction may also increase your insurance and have additional financial consequences.

Long-Lasting Impact of DWI

The repercussions of a DWI can last long past the trial, even if the driver doesn’t receive jail time, and even for first-time offenders. The state of North Carolina takes DWI very seriously, and getting charges dismissed or reduced is often more challenging for DWI charges than other offenses. In addition, the laws are complicated and layered, and it can be hard to know which route is ideal to take in your specific case. Therefore, finding an attorney with extensive experience in DWI law is imperative.

The Law Offices of Huffman & Kendrick, PLLC, have been fiercely defending North Carolina clients against criminal charges like DWIs since 1961. We take an aggressive, detail-focused approach to achieve positive legal outcomes and effectively represent our clients with our knowledge, skills, and experience. If you’re facing DWI charges, contact our office today.