Q: I got a DUI this week in North Carolina. Are 2 previous DUIs 26 and 31 years ago going to be held against me?
A:
GREAT QUESTION
Prior convictions of Driving While Impaired (DWI) or what would otherwise be deemed a prior conviction under the NC DWI laws MAY be considered by the Court in sentencing. Convictions entered more than seven (7) years from the current offense date may be deemed Aggravating Factors. A judgment for DWI or DUI (even out of state convictions for criminal charges) entered within 7 years of the offense date of the new charge, would be a Grossly Aggravating Factor.
At the same time, it would be a mistake to assume N.C. would have record of all convictions. I remember what things were like back in 1992 when I first started practicing law. A lot of things were still done on paper. Record-keeping was largely still an exercise in paper, pens, and typewriters.
Take a look at the North Carolina DWI Quick Reference Guide. In the back DWI sentencing in North Carolina is explained:
https://www.carolinaattorneys.com/files/powlandspiralqrgrev1-4-18lr.pdf
It may also help to review our DWI / DUI Guidebook to Navigating the Legal System:
https://www.carolinaattorneys.com/files/2018_powerslandreth_dwimagazine_digitalsinglepagelores_01_14_18.pdf
And in NC, the State must prove Aggravating and Grossly Aggravating Factors beyond a reasonable doubt. That can be hard to do, especially if records have been purged. One would also want to consider whether the issue of legal representation by counsel was properly addressed and/or the terms of the plea were fully understood.
Put simply, it's complicated.
BEST BET: Retain an experienced NC DWI lawyer without delay. Most defense lawyers will provide a free consult.
Bill Powers
Co-Author of the NC DWI Quick Reference Guide
North Carolina DWI Defense Attorney
NBTA Board Certified Criminal Defense Lawyer
CarolinaAttorneys.com
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