Legal Question in DUI Law in North Carolina

Hello! I am going through a divorce. I left my husband after he was charged with a DUI [pills] on 05/17/09. I have primal custody of our children. I was told last night that my husband had again been charged with another DUI [pills again] ~ he was in a truck on 05/17/09 and on a motorcycle 09/09/09. I live in NC, is it a felony to drive under the influence? Are there any special charges if you get caught twice? I am afraid during our divorce that he is going to try and fight to gain some custody back of our children, do these charges hurt his chances of re-gaining custody?

Thank you so much :)

I have a lawyer but she doesn't like to talk about things unless they're an immediate problem.


Asked on 9/11/09, 8:14 am

1 Answer from Attorneys
Marcus Hill Law Office of Marcus Hill

If you already have a lawyer, I am not allowed to discuss your case with you unless you get her permission. Once you have gotten permission, I would be happy to talk to you! However, generally if your husband was convicted twice within 7 years of a dwi, he will not be allowed to drive for at least one year. There will be more of a problem for him if he was driving with your children if they are under 16 at the time. DWI is a misdemeanor but can be a felony under certain situations. I hope this helps!

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Answered on 9/17/09, 12:05 pm


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