Can a DWI Affect Your Divorce Settlement in North Carolina?

Facing a charge for driving while intoxicated (DWI) and going through a divorce is a lot for one person to handle. Getting a DWI is stressful enough on its own, and it has the ability to impact many other areas of your life. This begs the question: Can a DWI affect your divorce settlement in North Carolina?

Whether it’s a first-time offense and you had a relatively low BAC, or your actions ended in a serious accident, facing DWI charges can alter your life forever. It’s helpful to understand North Carolina DWI laws and penalties so that you know how to protect yourself, especially as it pertains to your divorce.

North Carolina DWI Laws

Driving under the influence or driving while intoxicated is a serious crime, and it’s treated as such by North Carolina courts. In 2022 alone, there were 26,333 sentences imposed for DWIs across the state. Numbers have declined slightly since then, with 24,694 DWI convictions made in 2024.

Penalties for a DWI in North Carolina can result in hefty fines, potential jail time, community service, and probation. You also may have your driver’s license suspended or revoked and have to complete a substance abuse recovery program before you can get it reinstated. In some cases, you may also have to have an ignition interlock device (IID), which requires you to take a breath test before you can start your car.

That said, these aren’t the only consequences one may face when charged with a DWI, especially if you’re going through a divorce. Our divorce attorneys at Cody Law Firm have experience navigating complex cases, and we have experience handling DWI cases, too. We can help you mitigate the impact of your criminal charges and move forward with your life.

DWIs and Divorce in North Carolina

The reality is that facing any type of criminal charge is going to impact your divorce settlement. A DWI specifically can affect arrangements with your child and how marital property is divided, too. It’s wise to hire a Hickory divorce attorney to help you fully understand your legal options given your situation, but it also helps to have a basic understanding of how these two topics relate.

Arguably, the biggest impact you can expect a DWI to have on a divorce settlement is going to be on child custody arrangements. Courts make decisions about where a child is going to live based on the child’s best interests, and a record of drunk driving doesn’t make you the ideal choice. Moreover, you lose your license either temporarily or permanently when you’re charged with a DWI, which can complicate visitation options.

A DWI can also affect what you receive when dividing marital property. North Carolina is an equitable distribution state, which means assets are typically divided fairly between spouses, depending on their earning potential and financial situations.

You’re likely going to run into some costly expenses, especially if you’re convicted. If you have to waste marital assets to pay for legal representation, the judge may decide to award your spouse a larger percentage of the property.

FAQs

Is It Required to Hire a Divorce Lawyer in North Carolina?

You aren’t required to hire a divorce lawyer to file for divorce in North Carolina, but it’s highly recommended that you do. With a divorce attorney on your side, you can build the strongest possible case and fight for what you believe you deserve. It’s especially beneficial to have a legal professional on your side for more complex divorce cases to ensure you understand your options and fight for a fair outcome.

How Much Does It Cost to Hire a Divorce Lawyer in North Carolina?

The cost of hiring a divorce attorney in North Carolina is going to depend on the services and support you require throughout the divorce process. Generally speaking, a simple uncontested divorce is likely to be less costly than a contentious one.

Family lawyers typically charge a fixed fee or an hourly rate, depending on the scope of your case. You can set up an appointment with Cody Law Firm to learn more about our services and pricing before you commit.

Does a DWI Show Up on a Background Check in North Carolina?

If you get a DWI in North Carolina, it is likely going to show up on a background check when employers or landlords request one. This can impact your eligibility or likelihood to pass the check, depending on why it’s being conducted. It’s possible to have a DWI conviction expunged from your record, but it requires some work on your end. Talk to a divorce attorney to learn more.

Does North Carolina Split Assets 50-50 in a Divorce?

North Carolina does not follow a 50/50 property division rule. Instead, it follows an equitable distribution system, meaning that when spouses separate marital property in a divorce, it does not necessarily have to be split evenly between the two of them. Judges look for a fair solution that makes the most sense based on both spouses’ earning potential and living situations, as well as what is decided regarding custody arrangements and other matters in the divorce.

Hire a Divorce Lawyer to Discuss Your Case in More Detail

Navigating a divorce is difficult enough on its own. If you’re also contending with a DWI charge, it’s bound to make the process more difficult. Fortunately, you don’t have to do everything on your own.

Our experienced attorneys at Cody Law Firm bring decades of experience to the table, handling complex family law cases and criminal cases alike. We can help with your charges and guide you through your divorce. Most importantly, we understand how your charges can affect the divorce.

Our team comprises experienced lawyers backed by skilled paralegals and legal assistants. We’re proud to offer personalized, client-centered representation for the issues that matter most. We’ve successfully overseen thousands of cases, and we’re ready to help you next. Contact the office to set up an appointment with a trusted attorney and discuss your situation in more detail today.

North Carolina DWI Resources:

• Can You Refuse a Breathalyzer Test in North Carolina?
• North Carolina DWI Laws and Penalties