211 Six Forks Road, Ste. 117, Raleigh, NC 27609,

136 US Hwy 70, Suite 201 Garner, NC 27526

3329 Chapel Hill Blvd, Suite 201
Durham, NC 27707
 First Step Services, LLC - Raleigh and Garner NC
Adolescent Services
NC DOT SAP Evaluations

In calculating a DWI offense in NC, driving records from all states in which a person has driven must be considered. Whether it is an NC DWI or DWI in another state, the prior DWI will be taken into consideration by the court or the DWI assessment agency. 

If a person receives a DWI in any other state, and gets another DWI in NC within 3 years, the NC DWI will be considered a second offense by the court. 

 First Offense: If there have been no prior DWI convictions within the last 3 years, the loss of license will be for one year The three years is counted from one DWI arrest date to the next. The date a case was tried in court and license was revoked is not considered in this situation. 

 Second Offense: Receiving two Driving While Impaired charges within 3 years will result in a second offense DWI charge if the first DWI resulted in a conviction. Loss of your North Carolina license will be for four years. There is a possibility of having a hearing by the NC DMV to restore your license after 2 years if you have completed a DWI substance abuse program and have made significant changes in your lifestyle. These changes will have to verified by witnesses at a DWI DMV hearing.
 Third Offense: Three DWI offenses within 10 years, and the last 2 occurred within 5 years will result in permanent loss of Driver's License. However, after 5 years, the DWI offender can request a hearing by the North Carolina Division of Motor Vehicles to reinstate the Driver's License. 

  Habitual Impaired Driving: Receiving a  fourth DWI conviction within a 10 year period will result in a conviction of Habitual Impaired Driving. This DWI is considered a felony and a minimum prison sentence of one year. The prison sentence can not be suspended or shortened for any reason. Loss of Driver's License is lifetime and cannot be reinstated at any time. No appeals are allowed by the North Carolina DMV for a conviction of Habitual Impaired Driving.

The NC Legislature has changed the 10 year limit on 3 DWIs. In the new law passes, receiving 3 DWIs lifetime will constitute" Habitual Driving While Impaired."

If you are convicted of Driving While Impaired in the State of North Carolina a number of things happen. After the hearing in court where the Judge listens to the police officer, the District Attorney, and you attorney, the Judge will determine guilt. If found guilty, you will receive one of 5 levels of punishment. Level One is the most severe and Level 5 the least severe. 

NC DWI Levels I & II always result in active jail time, according to NC DWI laws. The jail time may range from  1 - 2 weeks all the way to 2 years for a level I NC DWI offense. 

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