Q: I'm 55 years old I was just indicted on habitual dwi spanning out since 1990. Am I going to prison?
Can I avoid prison at age 55? Can they go back to 1990 30 years ago and charge me with habitual today?
A: No, you can not avoid prison because of your age. You typically avoid prison by either not being convicted of something that requires prison time or convincing a Judge to be lenient when prision time is optional. As to how far they can go back, it depends on what you mean. If you mean can they charge you for a felony DWI you committed 30 years ago, then yes, they can go back as far as they want - there is no statute of limitations on felonies in North Carolina. If you mean can they use DWI's you were convicted of 30 years ago to make a current DWI charge 'habitual' - that is determined by the statute but likely also - yes. If you hire a good DWI attorney who can review your specific situation in detail and lay out your options for you, there may be something that can be done to keep you out of prison. However, if you are facing a conviction for habitual DWI then what you are up against from the state's perspective is that essentially it has come down to locking you up as the only way left to keep you from endangering others by driving while impaired. Best of luck.
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