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If you’re convicted of driving under the influence of alcohol or drugs, you’ll have a criminal record that can follow you for the rest of your life. Your record can affect your insurance rates, make it difficult to get a job or a loan, and even impact your relationships. But how long does a DUI stay on your record in NC? Unfortunately, DUI convictions stay on your criminal record permanently, as they are not expungable offenses.
However, you can put up a strong legal defense to face these charges head-on. The team at Steven T. Meier, PLLC, understands how important it is to keep your record clear. We work with clients to defend against DUI charges and help prevent a conviction from following you for the rest of your life.
North Carolina’s DUI Laws
North Carolina takes impaired driving seriously. Officially called driving while impaired (DWI), the state has strict laws to prevent motorists from getting behind the wheel while drunk or high. For drivers 21 and over, the legal blood alcohol concentration limit is 0.08%.
For anyone under 21, there’s a strict zero-tolerance law for a BAC over 0.01%. In 2023, 49% of DUI convictions came with a BAC over .015%, nearly double or more than the legal limit.
With 7,736 alcohol-related injuries from traffic accidents in 2022, it’s no wonder the state is strict about driving under the influence. DUIs can be charged as either misdemeanors or felonies, depending on the severity of the crime and the driver’s history.
First-time and many second-time offenses are charged as misdemeanors, with the potential for jail time and fines. Getting a third DUI within 10 years will result in a felony charge. Similarly, a DUI could be charged as a felony if anyone was injured.
How Long DUI Convictions Stay on Your Record
In North Carolina, DUI convictions stay on your record permanently. North Carolina General Statute § 15A‑145.5 clearly states that any conviction for impaired driving does not qualify for expungement.
This seriously raises the stakes when you’re charged with a DUI. While the conviction may not come up on all types of background checks after seven years, the charges could still possibly be seen, and they’d certainly be considered if you’re charged with a DUI again.
Defenses to DUI Charges
Because North Carolina’s DUI laws say that convictions stay on your record permanently, putting up a strong legal defense is the only option you have to prevent the charge from following you for the rest of your life. Defenses to a DUI might include:
- The traffic stop was illegal.
- There was no probable cause for the arrest.
- Breathalyzer test results were inaccurate.
- Testing equipment wasn’t properly calibrated.
- Field sobriety tests weren’t performed properly.
- The defendant has a medical condition that mimics intoxication.
- Chain-of-custody errors.
About Steven T. Meier, PLLC
When you partner with Steven T. Meier, PLLC, you’re choosing a our team with decades of combined experience in helping clients defend against criminal charges. A DUI can follow you for the rest of your life, and that’s why we provide dedicated support throughout your case to help you overcome these charges and maintain your innocence.
When you hire us, we quickly get to work investigating the case, reviewing the prosecution’s argument for holes, and planning our strategy.
With experience in both state and federal courts, you can rest assured that we don’t back down. While securing a dismissal is ideal, we aren’t afraid to take your case to trial if necessary.
FAQs
How Long Does It Take for a DUI to Come Off Your Record in North Carolina?
In North Carolina, a DUI conviction cannot come off your record. It stays on your record permanently because state laws prevent it from being expunged.
However, you can get charges expunged if they did not result in a conviction, whether that means you were found not guilty at trial or the prosecution dropped the case. To prevent a DUI from following you for the rest of your life, put up a strong defense to the charges.
Will a DUI Show Up on a Background Check After 10 Years in NC?
Yes, a DUI can show up on a background check after 10 years. In North Carolina, DUI convictions are non-expungable, meaning employers, schools, and lenders can see the conviction if they run a background check.
However, some background check companies only report crimes going back seven years. Ultimately, whether or not a DUI conviction shows up on a background check after a decade will depend on the type of check being run.
How Long Does a DUI Affect Your Insurance in NC?
How long a DUI affects your insurance depends on your driving history and whether you have previous DUI convictions. The points you get for a DUI stay on your license for three years, driving up your insurance rates. What’s more, you may also face a state-imposed surcharge depending on how many DUI convictions you have, which adds an additional cost for three years.
Is a DUI in NC Now a Felony?
Typically, a DUI is not a felony in North Carolina. For first- and second-time offenses, DUIs are usually charged as misdemeanors. However, receiving a third conviction within 10 years elevates the charge to a class F felony, as you’d demonstrate habitually impaired driving. What’s more, if you injured anyone, caused an accident, or drove with a minor in the car, the charges could be elevated to a felony.
Hire a DUI Lawyer
If you’re facing DUI charges in North Carolina, hire a DUI lawyer from Steven T. Meier, PLLC. We can provide the dedicated legal support you need to keep a conviction off your record. Too much is at stake for you to go through this process on your own.
Contact Steven T. Meier, PLLC, today to schedule a consultation. We’ll discuss your DUI case, explain your legal options for defending against charges or getting them expunged, and begin working on your defense. You can trust our experienced NC DUI attorneys to give you the guidance you need every step of the way.
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