DWI & DUI Accidents in North Carolina: Injury, Death & Penalties

A DWI accident involving injuries can lead to felony charges in North Carolina. If crash causes serious injuries or death, an indictment for felony charges is possible for Felony Serious Injury by Vehicle and Felony Death by Vehicle, or, in extreme cases, Second-Degree Murder. Another related charge may involve allegations of Involuntary Manslaughter. The specific charge depends on the facts of the case, including the driver’s conduct and prior record.

The penalty for causing serious injury while driving impaired in North Carolina can involve an active prison term. Felony serious injury by vehicle is a Class F felony offense in North Carolina. Aggravated serious injury by vehicle due to DWI is a Class D felony. DWI is an essential element of both offenses, where the impaired driving is a proximate cause of the serious injury. A conviction can result in prison time, substantial fines, mandatory license revocation, and possible court-ordered restitution to the injured person. The exact sentence depends on the circumstances of the case and any prior convictions.

You can be charged with murder for a DUI accident causing death in North Carolina under N.C.G.S. 14-17 Second Degree Murder. Accidents resulting in death can also lead to charges of Felony Death by Vehicle or even Involuntary Manslaughter, depending on circumstances.

Felony Death by Vehicle involves unintentional death of another and driving while impaired. Second-degree murder relating to DWI requires showing malice, such as reckless disregard for human life.

Yes. A conviction for Felony Death by Vehicle in North Carolina triggers mandatory revocation of your driver’s license. Because impairment is a required element of the offense, a conviction cannot occur without evidence of impaired driving. If there is no DWI, there can be no Felony Death by Vehicle conviction under North Carolina law.

You can get your license back after a Felony Death by Vehicle conviction in NC under certain circumstances. A conviction for felony death by vehicle in North Carolina leads to a mandatory revocation of your driver’s license. After five years, you may petition for conditional restoration under § 20‑19(i). Eligibility requires a clean court and driving record for those five years and proof you are not abusing substances.

Any reinstated license will come with restrictions for up to seven years, and the DMV has discretion over whether to restore privileges. While the revocation is labeled permanent, North Carolina law does offer a path to reinstatement in limited circumstances.

Yes. A DUI involving property damage but no injuries can still result in increased penalties in North Carolina. While property damage doesn’t turn a misdemeanor DWI into a felony, it can be treated as an aggravating factor during sentencing. If the court finds that your impaired driving caused property damage, especially damage valued at $1,000 or more, that fact may increase the level of punishment. You may also be required to pay restitution as part of your sentence.

No. Causing an accident does not automatically increase your DUI sentencing level in North Carolina. However, under N.C.G.S. § 20‑179(d)(3), negligent driving that leads to a reportable accident qualifies as an aggravating factor. A “reportable accident” means one involving injury or death or property damage of $1,000 or more.

Yes. Victims or their families can sue in civil court after a DUI accident in North Carolina for financial compensation. Civil lawsuits are separate from any criminal DUI charges and focus on holding the responsible party financially responsible for injuries, medical bills, lost income, wrongful death, pain and suffering, and property damage.

In North Carolina, a civil lawsuit after a DUI accident may also include a claim for punitive damages, especially if the court finds the conduct showed willful or wanton disregard for the safety of others. Importantly, a civil case can move forward even if you are not convicted of DUI in criminal court. The legal standard for civil liability is lower than the criminal standard of proof, which means you could still be held responsible in civil court even if your criminal charges are reduced or dismissed.

Generally, yes. If you had valid auto insurance at the time of the accident, your insurer is typically obligated to cover damages from accidents caused by impaired driving in North Carolina, even if you were drunk driving. Liability coverage usually pays for injuries and property damage you cause to others, while collision or comprehensive coverage may cover damage to your own vehicle, depending on your policy.

Yes. A DUI accident causing injury or death in North Carolina typically results in serious insurance consequences.

Yes. A DUI accident causing injury or death in North Carolina typically results in serious insurance consequences.

Non-renewal at term end: Under N.C.G.S. § 58-41-20, an insurer may decline to renew your policy at the end of its term by providing 45 days written notice. While this statute governs notice requirements rather than specifying valid reasons for non-renewal, a DUI-related accident involving injury or death provides sufficient grounds for an insurer to choose not to renew your policy.

Limited mid-term cancellation: Under N.C.G.S. § 58-41-15, North Carolina law permits mid-term cancellation only for specific reasons: (1) nonpayment of premium, (2) material misrepresentation or nondisclosure, (3) increased hazard or material change in risk, (4) substantial breach of contractual duties, or (5) fraudulent acts. A DUI accident alone typically does not fall under these categories and generally will not result in mid-term cancellation, but the insurer may choose not to renew at the policy's expiration.

Potential high-risk classification through NCRF: Following a DUI accident involving injury or death, you may be classified as a high-risk driver. Your insurer has discretion to cede your policy to the North Carolina Reinsurance Facility (NCRF), which accepts high-risk drivers. While this decision belongs entirely to the insurance company and is not automatic, drivers with DUI-related accidents are prime candidates for NCRF placement, which typically results in rates higher than the voluntary market.

Bottom line: A DUI accident causing injury or death will likely result in non-renewal of your current policy at expiration, possible reclassification as a high-risk driver through the NCRF, and substantially higher future insurance costs.