Lawmakers in the North Carolina House passed to measures last week that are aimed at habitual drunk driving charges in the state. Essentially, habitual driving while impaired is a specific type of repeat DWI offense. Lawmakers say that when repeat DWI convictions rise to a specified level, prosecutors can seek a habitual DWI charge, which is a felony level offense.
One of the measures passed by the North Carolina House last week involves lowering the threshold level to bring habitual DWI charges. Currently, a fourth conviction of DWI within a 10-year time frame qualifies as a felony-level habitual DWI offense. House lawmakers passed a bill lowering that threshold to three convictions in 10 years. That means that a driver accused of DWI with two prior DWI convictions within a decade could be facing a felony.
The second measure eliminates the 10-year look-back period for any driver previously convicted of habitual DWI. Lawmakers call the look-back period a “loophole” in the habitual DWI statute. The house bill seeks to make any DWI offense involving a driver previously convicted of habitual DWI a felony habitual DWI offense.
That is–a driver previously convicted of habitual DWI, even if the person has had no other record for 30 years, 40 years or more– may face a felony DWI under the new paw if passed by the Senate and ratified.
Source: News and Record, “N.C. House supports tougher DWI laws,” Travis Fain, March 19, 2013