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Criminal Defense
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Personal Injury
Raleigh Habitual DWI Lawyer
Serving Wake County & Beyond
250+ Reviews and counting
A habitual impaired driving conviction in North Carolina means mandatory prison time, permanent loss of your license, and a felony on your record that impacts employment and housing opportunities. Your future depends on acting now. Schedule a confidential consultation with a Raleigh criminal defense lawyer today.
If you’re facing a Habitual DWI charge in North Carolina, you’re confronting one of the most serious offenses in our state’s criminal code—a Class F felony that carries mandatory prison time, permanent license revocation, and consequences that will follow you for the rest of your life.
At DeMent Askew Johnson & Marshall, we understand the gravity of Habitual DWI charges and the impact they can have on you and your family. We know you’re not just worried about prison—you’re concerned about your job, your home, your family relationships, and whether your life will ever return to normal.
Your entire future depends on what you do right now. The defense strategy you choose and the attorney who represents you will determine whether you face the maximum penalties or find a path forward.
Under North Carolina General Statute § 20-138.5, you commit the offense of Habitual Impaired Driving when:
Unlike a standard DWI, which is a misdemeanor, Habitual DWI is a Class F felony that carries severe mandatory penalties:
There are no exceptions, no leniency provisions, and no alternatives to the mandatory minimum sentence. If convicted, you will go to prison for at least one year, and possibly much longer, depending on your prior record and the circumstances of your arrest.
Beyond the criminal penalties, a Habitual DWI conviction creates devastating collateral consequences:
These consequences often last far longer than any prison sentence, creating a lifetime of barriers to rebuilding your life.
Prosecutors treat Habitual DWI cases as high-priority matters deserving maximum prosecution. Their approach typically includes:
The state invests significant resources in these prosecutions because of the public safety concerns surrounding repeat DWI offenders. This means you need an equally committed and resourceful defense team to protect your rights.
Despite the serious nature of these charges, effective defense strategies exist. Our experienced defense team develops customized approaches, including:
When you choose our firm to defend against Habitual DWI charges, you benefit from:
We don’t just defend cases—we defend futures, families, and the possibility of redemption.
If you’ve been charged with Habitual DWI in Raleigh or anywhere in North Carolina, time is critical. Here’s what you need to do immediately:
The sooner we can begin building your defense, the more options we’ll have to fight the charges. Early intervention is crucial in these complex cases where multiple prior convictions must be thoroughly investigated.
At DeMent Askew Johnson & Marshall, we understand what’s at stake when you’re facing Habitual DWI charges. Your freedom. Your family relationships. Your career. Your future.
Our team of experienced criminal defense attorneys is ready to stand between you and the severe consequences of a Habitual DWI conviction.
The consultation is completely confidential.
Call us now at (919) 752-5023 or complete our online contact form to schedule your consultation. There’s a right way and a wrong way to handle these serious charges—let us help you protect everything that matters.
Serving clients in Raleigh, Durham, Orange, Carteret, and Chatham Counties, and throughout North Carolina.
Wake County
Carteret County
Durham County
Orange County
Chatham County
Johnston County (Smithfield courthouse only)
Under North Carolina law, “offenses involving impaired driving” include:
The 10-year lookback period is calculated from the date of your current offense to the dates of conviction (not offense dates) for your prior impaired driving cases. Our attorneys carefully scrutinize this calculation, as mistakes in this area can mean the difference between a misdemeanor and a felony charge.
Yes, but with important limitations. Out-of-state DWI convictions count only if the offense would have been considered an “offense involving impaired driving” had it occurred in North Carolina. States have varying DWI laws—some with much lower thresholds for conviction than North Carolina.
Our attorneys examine the specific statutes from other states to determine if they truly match North Carolina’s requirements. In some cases, we can successfully argue that an out-of-state conviction should not count toward the three-prior threshold because the elements of the offense or the burden of proof were substantially different.
No. The statute explicitly states that the minimum 12-month active term of imprisonment “shall not be suspended.” This means:
However, the judge retains discretion over whether to impose a sentence longer than 12 months based on your prior record level and other factors. This is where experienced legal representation can make a significant difference—the gap between a 12-month sentence and a 59-month sentence (the maximum for a Class F felony) is substantial.
The law provides for forfeiture of the vehicle you were driving when arrested for Habitual DWI, but there are exceptions for “innocent owners”:
Our attorneys work to protect vehicles from forfeiture when legitimate innocent owner claims exist. This is particularly important when the vehicle belongs to a spouse, parent, or employer who had no knowledge of your prior DWIs.
After a Habitual DWI conviction, your license is permanently revoked. However, North Carolina law provides a limited pathway to regain driving privileges after a substantial waiting period:
This process is complex and success is not guaranteed. Our attorneys can guide you through this difficult process when the time comes, maximizing your chances of eventually regaining limited driving privileges.
Yes, in certain circumstances. Prior convictions can be challenged through a process called “collateral attack” if they involved constitutional violations such as:
These challenges must be brought in the courts where the original convictions occurred, often through Motions for Appropriate Relief. Our attorneys have successfully invalidated prior DWI convictions, reducing Habitual DWI charges to standard DWI in appropriate cases.
These are completely different charges with different elements and penalties:
It’s possible to be charged with both if you have the requisite prior convictions and your current DWI involves aggravating factors. Our attorneys develop separate defense strategies for each charge when necessary.
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