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I just recieved my third dwi whats im facing, license and jailtime

Lumberton, NC |
Attorney answers 4

Posted

seek a dui attorney in your area ASAP. You are facing serious consequences that you should not handle on your own.

F. "Bill" William Powers

F. "Bill" William Powers

Posted

Great advicxe

F. "Bill" William Powers

F. "Bill" William Powers

Posted

Advice

Posted

Need a bit more information, as the inquiry makes reference to three or four priors. There have been substantial changes to the law, specifically pertaining to sentencing and Grossly Aggravating Factors.

Check out precious postings on AVVO.com regarding "Laura's Law." Given the possible consequences, separate and apart from Laura's Law, consultation with an EXPERIENCED DWI DUI Impaired Driving attorney makes sense.

Bill Powers
www.northcarolinadwilaws.com
www.powmac.com

NOTE: Although a response is provided to the specific question, there may be other facts and law relevant to the issue. The questioner should not base any decision on the answer and is specifically advised no client-lawyer relationship has been established. Put simply, seek the advice of competent counsel without delay to discuss the particular aspects of the case, factual scenario and historical background. NOTE: There may be other facts and law relevant to the issue. Readers should not base any decision on the;information provided herein and are specifically advised no client-lawyer relationship has been established. Put simply, seek the advice of competent counsel without delay to discuss the particular aspects of the case, factual scenario and historical background WHY: The content herein is provided for educational purposes and should not be inferred as applying only to DWI / DUI criminal defense. In fact, it may be equally relevant to claims of personal injury involving accidents and the consumption of alcohol or more simply, to the daily practice of law. Bill Powers lectures on such issues on a regular basis with the intent to educate, to be fair, to be accurate and to encourage, open, honest and scientific discussion on the subject. Attorney Bill Powers did NOT represent the Defendant in the particular cause of action.

F. "Bill" William Powers

F. "Bill" William Powers

Posted

§ 20‑138.5. Habitual impaired driving. (a) A person commits the offense of habitual impaired driving if he drives while impaired as defined in G.S. 20‑138.1 and has been convicted of three or more offenses involving impaired driving as defined in G.S. 20‑4.01(24a) within 10 years of the date of this offense. (b) A person convicted of violating this section shall be punished as a Class F felon and shall be sentenced to a minimum active term of not less than 12 months of imprisonment, which shall not be suspended. Sentences imposed under this subsection shall run consecutively with and shall commence at the expiration of any sentence being served. (c) An offense under this section is an implied consent offense subject to the provisions of G.S. 20‑16.2. The provisions of G.S. 20‑139.1 shall apply to an offense committed under this section. (d) A person convicted under this section shall have his license permanently revoked. (e) If a person is convicted under this section, the motor vehicle that was driven by the defendant at the time the defendant committed the offense of impaired driving becomes property subject to forfeiture in accordance with the procedure set out in G.S. 20‑28.2. In applying the procedure set out in that statute, an owner or a holder of a security interest is considered an innocent party with respect to a motor vehicle subject to forfeiture under this subsection if any of the following applies: (1) The owner or holder of the security interest did not know and had no reason to know that the defendant had been convicted within the previous seven years of three or more offenses involving impaired driving. (2) The defendant drove the motor vehicle without the consent of the owner or the holder of the security interest. (1989 (Reg. Sess., 1990), c. 1039, s. 7; 1993, c. 539, s. 1258; 1994, Ex. Sess., c. 14, s. 32; c. 24, s. 14(c); 1993 (Reg. Sess., 1994), c. 761, s. 34.1; c. 767, s. 32; 1997‑379, s. 6; 2006‑253, ss. 12, 13.)

F. "Bill" William Powers

F. "Bill" William Powers

Posted

http://www.ncleg.net/EnactedLegislation/Statutes/HTML/BySection/Chapter_20/GS_20-138.5.html

Posted

I believe that you are saying that you were charged with your third DWI in seven years. Also, I assume you were convicted in the first two instances. If that is not true, that is very good. However, if this is your third DWI within the previous seven years, you are in a very bad position indeed. If you are convicted of DWI three times within a 10-year period you are deemed to be a habitual impaired driver, which would make you a Class F felon. If that is the case, you will serve a minimum of 12 months in prison. Yes, I said minimum. That sentence will not be suspended. You are looking at active jail time for one year minimum. Further, your driver license will be permanently revoked. Depending on whether there are any other grossly aggravating factors, you are likely looking at the potential of a $4000 fine. You need to hire a DWI defense attorney immediately. Good luck to you.

Fred Amos provides legal representation in Wake County, North Carolina. Any answer provided through this discussion board is a general response to the question and NOT intended as legal advice. Responding to this question does not constitute an attorney-client relationship. Always seek the advice of a lawyer directly to address your specific circumstances. Free consultation and flexible payment plans for DWI's. Call 919-803-7208.

Posted

It sounds like you have experience with the court system. You certainly need to hire an attorney to fight for you. Three grossly aggravating factors could place you in an aggravated level 1 sentencing situation. There is also the habitual DWI, but if you weren't charged as habitual initially, you may not have reached habitual status.