When facing a North Carolina DWI Charge there are many questions that will run through your mind: "What will a NC DWI conviction cost?" "Will I be able to drive?" ""What will a NC DWI conviction do to my insurance?" The reality is, a NC DUI or NC DWI charge has many different things that must be considered, which is why it is always advisable to at least speak with some Raleigh DUI Lawyers for advice. However, if you have one or more prior DWI convictions on your record, this can greatly change the sentence you will face and therefore should change the approach to how to handle your case. This article will discuss what a prior DWI conviction will mean to the recent charge, what you can expect, and what your DWI attorney should discuss with you.

As a Raleigh DUI Lawyer and Raleigh DUI Attorney, I have many clients who are facing their second or more NC DUI Charge. Obviously, no one should drive while intoxicated, and especially someone who has been previously convicted of this exact charge. But, right now, it is time to focus on what a new conviction will mean to your future, later on you can consider the errors of your way.

First, in North Carolina, there is a VERY important distinction between whether your prior DWI conviction was within seven years of your recent charge, or outside seven years. If your previous DWI charge was more then 7 years before your current charge, then that means it will not serve as a 'Grossly Aggravating Factor,' but only will serve as an 'Aggravating Factor.' Having even one Grossly Aggravating Factor moves the Defendant up to the top three levels of sentencing for a North Carolina Driving While Intoxicated conviction; at that level there are mandatory minimum jail sentences. In addition to a prior DWI conviction within the last seven years of the current charge, the other Grossly Aggravating Factors include Driving While License Revoked at the time of this DWI and the revocation was the result of a prior DWI (even if it was more then seven years ago), accident causing seriously bodily injury and having a passenger in the vehicle under the age of 18 (if charged before December 1, 2011, then it is below the age of 16). Having one Grossly Aggravating Factor means a Level 2 sentence with a minimum jail sentence of 7 days, two Grossly Aggravating Factors is a Level 1 sentence with a minimum jail sentence of 30 days (unless you have the Grossly Aggravating Factor of a passenger under the age of 18 - that Factor alone is an automatic Level 1). Three or more Grossly Aggravating Factors is an Aggravated Level 1 Sentence is the jail sentence is a minimum 120 days. Each of these levels the Judge has the option of sentencing the Defendant to more time, I have must listed the minimum mandatory sentence at these Levels.

If the prior DWI conviction is more then seven years before the current DWI charge, then it just serves as an Aggravating Factor. If there are no Grossly Aggravating Factors, then it will mean the Defendant will be sentenced between Levels 3, 4, and 5 and though a Judge has the option of sentencing the Defendant to an active jail sentence, in most cases they do not as there is no mandatory minimum jail sentence at these levels.

If you have a prior DWI, regardless of when it occurred, it is important to discuss what impacts this will have on your case. It is this Cary DWI Attorney's opinion that in most cases, it is recommended to have a trial as it will be the only chance you will have of avoiding a DWI conviction and there are no consequences associated with it except that if there were other charges, the Prosecutor may offer a plea where they are dismissed. However, if you have a prior DWI, especially one within the last seven years, it is very recommended that you have a trial as you will be facing actual jail time.

For advice on how to handle your particular DWI charge, speak with a local DWI attorney about your case.