Asheville Criminal Defense Lawyer / Asheville Felony DWI Lawyer

Asheville Felony DWI Defense Lawyer

Most DWI arrests in North Carolina are charged as misdemeanors. But in some circumstances, a DWI can rise to the level of a felony offense, bringing far more serious penalties and life-changing consequences. A felony DWI conviction can mean years in prison, thousands of dollars in fines, and the permanent loss of your driver’s license, not to mention the damage to your career, reputation, and future opportunities.

If you are facing a felony-level DWI charge, the stakes are too high to face alone. A knowledgeable and experienced defense attorney can fight to protect your rights and help you pursue the best possible outcome. Call The Pritchard Firm for help from an Asheville felony DWI defense lawyer with experience as a former prosecutor and Board Certification as a specialist in North Carolina criminal law.

When a DWI Becomes a Felony in North Carolina

Under North Carolina law, a DWI may be charged as a felony if certain aggravating factors are present. The most common situations include:

Habitual DWI – If you have three or more prior DWI convictions within the past 10 years, you can be charged with Habitual Impaired Driving, a Class F felony. This is the most common felony DWI charge in North Carolina.
DWI Involving Serious Injury or Death – If impaired driving causes an accident that results in serious bodily injury or death, you may face felony charges such as Felony Serious Injury by Vehicle or Felony Death by Vehicle. These are among the most severe DWI charges a driver can face in the criminal system.
Repeat Offenses and Aggravated Circumstances – Certain repeat DWI convictions or cases involving aggravating circumstances (such as driving while license revoked for a prior DWI) may also result in enhanced penalties and potential felony charges.

These cases are aggressively prosecuted and can lead to mandatory prison time if a conviction is secured.

Habitual DWI in North Carolina

While a single impaired driving conviction can carry serious consequences, North Carolina law imposes even harsher penalties on individuals who are considered “habitual impaired drivers.” Under N.C. Gen. Stat. § 20-138.5, a person may be charged with Habitual DWI if they have three or more prior DWI convictions within the past ten years. Unlike a typical felony DWI, which may depend on aggravating circumstances, a habitual DWI charge is a Class F felony automatically triggered by repeat offenses.

Conviction for habitual impaired driving carries a mandatory minimum sentence of one year in prison, which cannot be suspended or reduced. In addition, the court will order the permanent revocation of the person’s driver’s license. In some cases, the state may also seize and forfeit the defendant’s vehicle. These penalties reflect the state’s determination to deter repeat drunk driving and protect the public, but they also mean that defendants facing a habitual DWI charge are at risk of losing their freedom, their ability to drive, and in some cases, their personal property.

Defending against a habitual DWI charge requires a close examination of the individual’s prior convictions, including whether those convictions were validly obtained, whether they fall within the statutory 10-year window, and whether constitutional rights were upheld in earlier proceedings. In some cases, a skilled defense attorney can challenge the use of prior convictions to enhance a current charge, potentially preventing the case from rising to the level of habitual DWI.

Penalties for Felony DWI

The penalties for felony DWI convictions are far more severe than those for misdemeanor offenses. Depending on the charge, a felony DWI can carry:

Mandatory prison sentences, sometimes without the possibility of probation
Hefty fines and court costs
Permanent driver’s license revocation (with limited opportunities for reinstatement)
Probation, substance abuse treatment, or monitoring requirements after release from prison

In cases involving death or serious injury, prison terms can stretch for years or even decades. Additionally, a felony conviction on your record will follow you for life, affecting employment, housing, professional licensing, and more.

Defending Against Felony DWI Charges in Asheville

Being charged with felony DWI does not mean you will automatically be convicted. An experienced Asheville DWI defense lawyer can challenge the prosecution’s case and explore every opportunity for a reduced charge, dismissal, or acquittal. Possible defense strategies include:

Challenging the traffic stop – Was there reasonable suspicion or probable cause to stop your vehicle?
Questioning the evidence – Were breath, blood, or field sobriety tests conducted properly and in compliance with the law?
Causation in accident cases – If a serious accident occurred, was impairment truly the cause, or were there other contributing factors?
Prior conviction review – In Habitual DWI cases, do the prior convictions qualify, and were they obtained lawfully?

Each case is unique, and the defense strategy will depend on the facts, the evidence, and the client’s goals. The right lawyer can make a crucial difference.

Why You Need a Strong Defense

Felony DWI cases are among the most serious criminal matters a person can face in North Carolina. Prosecutors push aggressively for convictions, and judges have little discretion in sentencing once guilt is established. Without an attorney who knows how to fight these charges, you could lose your freedom, your license, and your future.

A skilled DWI defense lawyer can protect your rights from the very beginning, negotiate with prosecutors, and build the strongest possible case for trial if necessary. Whether that means challenging the evidence, negotiating for reduced charges, or presenting a compelling case in court, your lawyer’s role is to fight for the best outcome in a very difficult situation.

Protect Your Rights – Speak With a Felony DWI Defense Attorney in Asheville Today

If you have been charged with felony DWI in North Carolina, your future is at risk. Do not face these charges alone. Contact an experienced Asheville DWI defense attorney at The Pritchard Firm right away to get the guidance and protection you need. The sooner you act, the more options you may have to protect your freedom, your record, and your future.