HABITUAL IMPAIRED
DRIVING

HABITUAL IMPAIRED DRIVING

In North Carolina, if you have been arrested for your fourth DWI charge, you are subject to being charged with felony for habitual impaired driving, or Habitual DWI (driving while impaired).  Habitual impaired driving is a very serious charge. While it is considered a Class F felony, a habitual impaired driving conviction can subject you to harsh penalties. Any felony conviction subjects you to long-lasting penalties, including but not limited to the following:

  • Loss of you right to vote
  • Loss of you right to hold public office
  • Loss of other citizenship rights

Felony conviction for habitual impaired driving carries extreme consequences and harsh, mandatory penalties under North Carolina law, including but not limited to the following:

  • Permanent revocation of your drivers' license by the DMV
  • A mandatory one-year prison sentence with no right to appeal
  • Forfeiture of your vehicle

Habitual impaired driving charges have increased significantly over the years in North Carolina as shared national databases reveal more out of state DWI convictions.  North Carolina prosecutors have little discretion in DWI cases, especially those involving repeat offenders. If you are facing a habitual impaired driving charge, it is critical that you contact a lawyer who regularly handles DWI cases, who knows how the local district attorney approaches repeat offender cases and is skilled and accomplished as a criminal trial lawyer.

Located in the heart of Raleigh, DeMent, Askew & Johnson has been aggressively defending all levels of DWI cases for over forty years, and our criminal defense team of attorneys has the knowledge and experience you need.  Our defense attorneys are skilled trial attorneys determined to achieve your best possible outcome, and we are ready to start working for you towards that result today. Please call us for a consultation at 919-833-5555.

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Important DWI Information

What happens If I get charged with a DWI in North Carolina?

If you are charged as a result of a traffic stop and the officer suspects impairment from alcohol, you will likely be taken to a police department or downtown Raleigh for a chemical test of your breath.

What’s an Ignition Interlock Device (IID)?

Drunk driving is never tolerated in any state. However, North Carolina deploys some of the harshest penalties for drunk drivers, including the Ignition Interlock Device (IID). From jail time to fines to penalties, you will certainly endure a lot as a punishment for breaking the law. However, one punishment many DWI offenders do not think about is…

Can a Defendant Contest Breathalyzer Results?

The breathalyzer, known as a breath-test device, is routinely used by law enforcement in North Carolina to determine if a motorist is under the influence. Law enforcement’s prevalent use of the device makes some defendants believe they cannot contest breathalyzer results. If a high BAC comes back, prosecutors use the breathalyzer’s evidence to prove the DWI charges…

Are DWI Roadblocks in North Carolina a Violation of Motorist Rights?

Sobriety checkpoints, often called DWI roadblocks, feel like an invasion of privacy. They are strategically set along main roads with one purpose: finding drunken drivers. At these checkpoints, all vehicles must stop, and law enforcement can assess if the driver is inebriated at the time. If the officer suspects that the driver has been drinking, they may…

Reasonable Suspicion: What is it and How Does It Affect My DWI Case?

For law enforcement to pull your vehicle over, the law requires them to have reasonable suspicion that you violated the law in some way. When it comes to drinking and driving, the officer must have probable cause to rationalize a field sobriety check. While North Carolina used to have some of the strictest laws against drunken…

DWI and DUI in North Carolina: What’s the Difference?

You may or may not know the difference between a DWI and a DUI in North Carolina. Many of us know what the terms imply – “driving while impaired” and “driving under the influence” – but how are they different? And are the consequences the same across the state? North Carolina is home to strict…

Raleigh DWI Defense

The drunk driving laws in North Carolina are strict and the fines and penalties are severe. In fact, even a Level 5 DWI arrest can have long-ranging negative effects that can change your life, and the lives and futures of your family and loved ones. In fact, getting convicted of a Level 5 DWI in…

The Consequences of DWI in North Carolina

There is nothing good that comes out of driving while intoxicated. You may have heard or may have even told yourself some of the common phrases adults use in order to justify getting behind the wheel after consuming alcohol: A cold shower will sober me up. I’ll have a few cups of strong coffee and…

Don’t Get Caught At A Sobriety Checkpoint These Holidays

There are statistics that have shown that the number of fatalities as a result of driving under the influence of alcohol during the Thanksgiving holidays is second highest. Only New Year’s Eve tops it. In fact, the eve of Thanksgiving is often referred to as “Black Out Wednesday” since it is one of the busiest…

How to Beat a Sobriety Check Point

Many driving under the influence charges seem to result from a driver having to go through an unexpected roadblock after a night of casual drinks. While a sobriety checkpoint is a horrible inconvenience to begin with, later it can turn out to be your best asset if you have to go through a defense process.…

Your First DWI Offense – Now What?

So you’ve been charged with a DWI offense. It’s also your first offense. What happens now? In North Carolina, a sliding scale with levels 1 through 5 is used for such punishments. It’s based on aggravating and mitigating aspects. Level 5 will incur the lowers punishments whereas Level 1 generates the harshest fines and even…

Sobriety Checkpoint: The Things You Need to Know

Law enforcement officers use a sobriety checkpoint as a tool to evaluate drivers for signs of alcohol and drug impairment. A checkpoint can be a stop on the freeway or any public road. It is usually decided ahead of time what the process will be to stop vehicles, such as every third car will be…

Raleigh Drunk-Driving Accidents: How Many Drinks Does it Take?

It doesn’t take much alcohol to become impaired. Although an average person might be able to handle several drinks before feeling intoxicated, alcohol starts to affect the body after a single drink. Data released by MADD shows just how quickly a person begins to lose the ability to operate a vehicle safely. Surprisingly, you can…

Five Self-Tests to Help You Avoid a Raleigh DWI Ticket

Very few people get behind the wheel knowing that they’re too drunk to drive. Usually, people think they’re not impaired enough to get a DWI, simply because of the way alcohol affects the brain. You may feel fine or think that you haven’t had enough alcohol to be above the legal limit, but none of…

Car of the Future May Literally Shut Down Drunk-Driving

Imagine if every driver had to submit to a sobriety test before operating a vehicle. There’s a good chance it would put an end to drunk-driving in Raleigh altogether. Of course, that also leads to a whole lot of questions of legality. Can every single driver really be tested? Interestingly, the answer is, “yes,” but…

Alcohol Paradox: Fatal Drunk-Driving Accidents Continue, Though DWI Decreases

The insurance Institute for Highway Safety (IIHS) has recently uncovered an interesting anomaly in their data. The agency has been tracking drunk-driving accidents in Raleigh, as well as throughout the rest of the country, and has been trying to uncover ways to reduce the number of alcohol-related fatalities. Despite their efforts, deadly collisions have remained…

IIHS Reports Raleigh Sobriety Checkpoints Conducted Improperly

In Raleigh, sobriety checkpoints are already a major source of conflict. Arrests have been on the rise and the courts have been packed with cases as a result of the city’s DWI squad. This is largely the result of a massive federal grant, which has made more man-power and roadblocks available. Even still, the Insurance…

Prom: Think Your Teen Won’t Drink and Drive in Raleigh? Think Again.

With prom season upon us, many families are dazed by the cost alone. It seems parents often shoulder the bulk of the burden, shelling out around $1000 for their teen to have a night out, according to Visa. While some parents show concern for safety as well, it typically involves worry about teen sex, rather…

Veterans Have Higher Rates of DWI and Other Traffic Offenses

For many years, the battles our veterans face outside the warzone had been swept under the rug, Even now, we’re just starting to understand how much individuals are impacted. According to the U.S. Department of Veterans Affairs, post-traumatic stress disorder (PTSD) affects a huge number of servicemen, though pinning down an exact amount is difficult,…

Raleigh Sobriety Checkpoint Nabbed Dozens More Last Weekend

Whether you agree or disagree with the concept, there’s no question that Raleigh’s sobriety checkpoints are effective. In a recent interview, the Wake County District Attorney said that the county expects to handle about 6,000 DWI charges this year.  Overall the number of DWI arrests in Wake County may increase as much as 30% over…

Wake County Courts Are Flooded with Raleigh DWI Cases

According to a WNCN News report, there were 2,843 Raleigh DWI arrests between January 1, 2014 and the end of November. For comparison, there were only 1,781 arrests during the same timeframe during the prior year. This makes for a 60% increase in drunk-driving arrests in a single year. At the same time, Wake County…

Man Drunk-Driving Hits Police Car and Gets Away with It

In a story almost too crazy to be true, a man in Queens, New York collided with a police car this week while drunk driving and got away with it. According to The New York Post, Langford Banda lost control of his vehicle just after midnight on February 9 and hit a parked NYPD van,…

Are Raleigh’s Sobriety Checkpoints Effective at Curbing DWI Incidents?

The topic of sobriety checkpoints in Raleigh is always a heated one. On one hand, proponents of them conclude that they help keep drunk drivers off the road. On the other hand, those against them claim they are ineffective and often argue that they’re intrusive, or area violation of their rights. Scope of the Problem…

Research Shows Fewer Raleigh DWI Charges Are Dismissed

WNCN news recently dug into the number of DWI charges throughout North Carolina and they were surprised to find that there were vast differences in the number of cases each district is dismissing. On average, 21% of drunk-driving charges in the state are thrown out for one reason or another. However, in Granville, Harnett, Lee…

North Carolina DWI Laws

Driving under the influence of alcohol and drugs is prohibited throughout the United States. However, each state sets its own regulations as far as what the legal limit is and what the penalties are for each offense. While drinking and driving is always discouraged, it is important to know the local laws. Avoid a DWI…

Drunk Driving Accidents and Underage Drinking

Drunk driving is a serious concern for residents of North Carolina, as well as the rest of the United States. The issue is not just with those who are legally able to drink and choose to drive when intoxicated. The number of underage children involved has prompted the state to launch a campaign called Talk…

Thanksgiving Travel: Traffic, Weather, and Drunk Driving Concerns

If you are like millions of other Americans, you will likely be traveling over the Thanksgiving holiday. According to the annual AAA Travel Forecast, about 46.3 million people across the country will be traveling 50 miles or further. Travel by car comes with a few risks, no matter when you hit the road. Thanksgiving week…

Drunk Driving Accident Victims: Seeking Legal Advice

Although drunk driving awareness campaigns have put the risks at the forefront of public knowledge, it is still a common problem in North Carolina and throughout the United States.  The state regularly holds campaigns and sets up checkpoints in an attempt to catch violators and discourage others. The most recent “Booze It & Lose It”…

Tips for Getting Through Sobriety Checkpoints

Cities like Raleigh, North Carolina set up sobriety checkpoints along the highways and at major traffic centers to catch individuals driving under the influence of alcohol. Police officers rotate the locations weekly in an attempt to discourage drinking and driving and will stop drivers in a pattern. If stopped, you are required to take a…

DWI Enforcement During Peak Holiday Travel Times

The holiday season stretches from Halloween to New Year’s Eve. There are plenty of opportunities over these three months to celebrate with cross-country trips to visit family and gatherings with friends for every occasion. A season of partying can easily lead to too much of a good thing and the result can be a DWI…

N.C 4th of July DWI Enforcement

This 4th of July holiday, as families and friends gather to celebrate the nation’s independence with food, drink, and festivities, North Carolina law enforcement officials will be out in full force across the state actively working to catch drunk drivers and buzzed drivers with sobriety checkpoints. Generally, law enforcement officials begin special campaigns that target…

Finding the right DWI attorney in Raleigh

The North Carolina Department of Transportation estimates 38 percent of fatal accidents involve individuals driving while impaired (DWI).  Laws in North Carolina are designed to penalize and deter individuals from picking up the car keys after a couple of drinks. If you did pick up those keys and ended up with a DWI charge, lawyers…

Your Rights When Facing Drunk Driving Charges

The Centers for Disease Control and Prevention (CDC) estimate that 32 people die each day in alcohol-related vehicle collisions.  Of drivers with a blood alcohol content (BAC) over the legal limit of .08 percent, younger drivers between ages 21 and 24 are more likely to become fatalities.  Of motorcycle drivers involved in fatal crashes, 30…

More About DWI in NC

Important DWI Information

What happens If I get charged with a DWI in North Carolina?

What’s an Ignition Interlock Device (IID)?

Can a Defendant Contest Breathalyzer Results?

Are DWI Roadblocks in North Carolina a Violation of Motorist Rights?

Reasonable Suspicion: What is it and How Does It Affect My DWI Case?

DWI and DUI in North Carolina: What’s the Difference?

Raleigh DWI Defense

The Consequences of DWI in North Carolina

Don’t Get Caught At A Sobriety Checkpoint These Holidays

How to Beat a Sobriety Check Point

Your First DWI Offense – Now What?

Sobriety Checkpoint: The Things You Need to Know

Raleigh Drunk-Driving Accidents: How Many Drinks Does it Take?

Five Self-Tests to Help You Avoid a Raleigh DWI Ticket

Car of the Future May Literally Shut Down Drunk-Driving

Alcohol Paradox: Fatal Drunk-Driving Accidents Continue, Though DWI Decreases

IIHS Reports Raleigh Sobriety Checkpoints Conducted Improperly

Prom: Think Your Teen Won’t Drink and Drive in Raleigh? Think Again.

Veterans Have Higher Rates of DWI and Other Traffic Offenses

Raleigh Sobriety Checkpoint Nabbed Dozens More Last Weekend

Wake County Courts Are Flooded with Raleigh DWI Cases

Man Drunk-Driving Hits Police Car and Gets Away with It

Are Raleigh’s Sobriety Checkpoints Effective at Curbing DWI Incidents?

Research Shows Fewer Raleigh DWI Charges Are Dismissed

North Carolina DWI Laws

Drunk Driving Accidents and Underage Drinking

Thanksgiving Travel: Traffic, Weather, and Drunk Driving Concerns

Drunk Driving Accident Victims: Seeking Legal Advice

Tips for Getting Through Sobriety Checkpoints

DWI Enforcement During Peak Holiday Travel Times

N.C 4th of July DWI Enforcement

Finding the right DWI attorney in Raleigh

Your Rights When Facing Drunk Driving Charges

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My case was a particularly a hard one...Rusty and his team fought hard to receive the best judgment possible. They never told me anything I wanted to hear...actually quite the opposite.... they let me know exactly what they could do for me and tried their hardest. I would recommend this law office to anyone who is looking for great council.
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