When a DWI is a Felony in North Carolina

When is a DWI a felony in North Carolina? Driving while impaired becomes a felony in North Carolina when a person drives while impaired and has been convicted of three or more offenses of driving while impaired within 10 years of the date of the offense. A felony habitual driving while impaired is a separate and additional offense from the underlying DWI charge. But a defendant may not be punished for both defenses if found guilty in the same trial. Instead, upon a conviction for both, the court must arrest judgment for the misdemeanor DWI conviction. Habitual DWI is a Class F felony and a conviction requires a minimum active term of imprisonment of 12 months. In addition to any sentence imposed, the North Carolina drivers license will be permanently revoked and the vehicle driven at the time of the offense may be subject to seizure and forfeiture.