Habitual Offender Lawyer | DUI Attorney | Alamance County NC

Habitual Offenders

  • Under N.C.G.S. § 20-138.5, “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 3 or more offenses involving impaired driving as defined in G.S. 20-4.01(24a) within 10 years of the date of this offense.”
  • If you are convicted under this law, you are sentenced as a Class F felon and will be sentenced to a minimum active term of not less than 1 year (12 months) in prison which cannot be suspended. In other words, the judge has no discretion; you are going to jail if you cannot prevent a conviction. Furthermore, your license will be permanently revoked. Not only are they throwing you in jail for a year and taking your license forever, they are going to take ownership of the vehicle you were driving whether it was yours or not. Granted, if the vehicle belongs to someone else or creditors have a stake in the ownership, there are procedures by which they may obtain the vehicle from the state.
  • If you have been charged with habitual drunk driving (DWI/DUI), you should immediately contact the Whited DelForge & Henkle, PLLC for a free initial consultation.