Sentencing the Worst Kind of DWI

Published for NC Criminal Law on September 10, 2014.

Most impaired drivers arrive at their destinations without harming themselves or anyone else.  And few such drivers are actually stopped by police.  That may explain why eight percent of people nationwide who were over 16 years old reported riding in a vehicle with a driver they thought may have consumed too much alcohol to drive safely.  Young adult males were even more likely to engage in this behavior, with 24 percent of men aged 21 to 24 reporting having done so in the past year. Though most impaired drivers don’t crash, newspapers are replete with tales of those who do, often with tragic consequences.  Four hundred and two people died in alcohol-impaired driving fatalities in North Carolina in 2012.  Nationwide that year, more than 10,000 people were killed in crashes involving an impaired driver—31 percent of the total traffic fatalities for the year. Impaired drivers themselves are killed most often in such crashes, comprising 65 percent of the deaths in 2012, with passengers in their vehicles a distant second, making up 16 percent of the deaths.  Occupants of other vehicles accounted for 11 percent of fatalities. When a person drives while impaired in North Carolina and proximately causes the death of another, the person may be charged with one or more felony offenses, including second-degree murder, aggravated felony death by vehicle, felony death by vehicle, and involuntary manslaughter as well as misdemeanor impaired driving.  In 2013, 23 charges of aggravated felony death by vehicle and 130 charges of felony death by [...]