How Long Does a DWI Stay on Your Record in North Carolina?

A DWI conviction becomes a permanent part of your criminal record, but its impact on your driving record, insurance premiums, and specific penalties depends on the facts of your case. A DWI lawyer can help you navigate this difficult process.

Hire a DWI Lawyer

A DWI conviction can lead to possible incarceration, large fines, and restrictions on your driver’s license. These consequences could impact your life for years. When facing a DWI charge, you should hire a DWI lawyer familiar with North Carolina’s DWI laws.

At The Law Office of Kevin L. Barnett, we have over 30 years of legal experience offering criminal charge defense for our clients. We can protect your rights and represent your interests from negotiations through litigation if necessary.

Driving While Impaired Convictions in North Carolina

According to the North Carolina Sentencing and Policy Advisory Commission, during fiscal year 2024, a total of 24,694 DWI conviction sentences were imposed. Of those convicted:

• 58% were for a Level 5 offense
• 13% were for a Level 4 offense
• 5% were for a Level 3 offense
• 12% were for a Level 2 offense
• 9% were for a Level 1 offense
• 3% were for an Aggravated Level 1 offense

When facing DWI allegations, your case should be heard in the county where the initial arrest occurred. In North Carolina, the District Court hears initial DWI cases. The Superior Court only hears serious felony DWI cases and appeals.

Several counties also offer DWI treatment courts, which aim to reduce DWI recidivism in high-risk individuals. These courts focus on recovery over punishment by emphasizing treatment.

Penalties for a DWI Conviction in North Carolina

The penalties for a DWI conviction can be severe. In addition to a potential jail or prison sentence, you can also be required to pay hundreds to thousands of dollars in fines and be required to complete mandatory substance abuse education or treatment.

You could also have a required license suspension ranging from one year to permanent, depending on the specific DWI charge level. To regain driving privileges, you may also be required to install an ignition interlock device, which can come with high monthly costs.

DWI Convictions on Your Criminal Record

A DWI conviction becomes a permanent part of your criminal record and can be visible on background checks for several years after you have completed the terms of your conviction.

The only way to remove the conviction from your record is through expungement, but North Carolina has few options for expunging DWI convictions. As time passes, the effect a DWI conviction has on your record lessens, but it is never permanently removed.

The most favorable strategy for lessening the effects of a DWI conviction is to hire a North Carolina DWI attorney to help you defend against a DWI charge.

FAQs

How Long Does a DWI Stay on Your Background Check in North Carolina?

A DWI stays on your background check in North Carolina permanently unless you have the conviction expunged. However, depending on the specific charge, a DWI only remains on your driving record for a set number of years.

A misdemeanor DWI charge is removed from your driving record several years earlier than a felony charge. Even when the charge is removed from your driving record, it remains a part of your permanent criminal record.

How Much Could My Insurance Go Up After a DWI in North Carolina?

Your insurance premium could go up significantly following a DWI conviction in North Carolina. North Carolina has some of the highest post-DWI insurance premiums in the country, according to The Zebra.

They found that, on average, after a DWI conviction, insurance premiums increased by 65% nationally. However, in North Carolina, premiums increased 358%, with average rates climbing from $955 pre-DWI to $4,317 post-DWI.

Is It Worth Getting a Lawyer for a DWI Case in North Carolina?

Yes, it is generally worth it to hire a lawyer when facing DWI charges in North Carolina. The penalties for a DWI conviction are severe. You could face the loss of your civil liberties, large fines, and a lengthy license suspension.

A lawyer can help you gather evidence and mount a defense based on the facts of your case. The potential long-term consequences of a DWI conviction make the initial costs of hiring a lawyer a worthwhile investment.

Can I Plea Bargain for a Lesser Charge in a DWI Case in North Carolina?

You usually cannot plea bargain for a lesser charge in a DWI case in North Carolina. State laws restrict prosecutors from reducing or dismissing DWI charges under most circumstances.

Only if there is inadequate evidence or legal issues in the case may the prosecutor allow for reduced or dismissed charges. Associated charges could be dropped during negotiations, or mitigating factors may allow for sentencing adjustments.

Can I Refuse a Breathalyzer Test in North Carolina?

Technically, you can refuse a breathalyzer test in North Carolina, but doing so automatically triggers severe penalties under the state’s implied consent laws. Penalties often include an automatic driver’s license revocation, and refusal can be used as evidence in court.

Officers can get a warrant to compel you to provide a blood sample for testing after your refusal. Conversely, you do have the right to refuse a roadside preliminary breath test or standardized field sobriety tests without facing additional penalties.

Contact The Law Office of Kevin L. Barnett

The consequences of a DWI conviction can be severe and have long-lasting consequences. You shouldn’t leave your future up to fate. An experienced North Carolina DWI attorney can help you navigate the DWI process.

At The Law Office of Kevin L. Barnett, we understand how stressful it can be to face a DWI charge. Feeling uncertain about your future can leave you feeling lost. Our experienced team can help protect your rights and represent your interests. Contact us today to schedule your initial consultation.