Fleeing to elude in North Carolina can be a misdemeanor or a felony. Pursuant to NCGS 20-141.5 (pdf), fleeing to elude in North Carolina will be a Class H felony if any two of the following factors are present:
- Speeding in excess of 15 miles per hour over the legal speed limit.
- Gross impairment of the person’s faculties while driving due to:
- Consumption of an impairing substance; or
- A blood alcohol concentration of 0.14 or more within a relevant time after the driving.
- Consumption of an impairing substance; or
- Reckless driving as proscribed by G.S. 20-140.
- Negligent driving leading to an accident causing:
- Property damage in excess of one thousand dollars ($1,000); or
- Personal injury.
- Property damage in excess of one thousand dollars ($1,000); or
- Driving when the person’s drivers license is revoked.
- Driving in excess of the posted speed limit, during the days and hours when the posted limit is in effect, on school property or in an area designated as a school zone pursuant to G.S. 20-141.1, or in a highway work zone as defined in G.S. 20-141(j2).
- Passing a stopped school bus as proscribed by G.S. 20-217.
- Driving with a child under 12 years of age in the vehicle
In addition, a fleeing to elude case in North Carolina will be a felony if a death resulted from the person’s actions. Finally, the statute authorizes the seizure, impoundment, and eventual sale of the vehicle, if the person is ultimately convicted of the crime.