Thomasville DWI Lawyer

Although a DUI in North Carolina is legally referred to as a DWI (Driving While Intoxicated), there is no distinction under the law. In North Carolina, drivers are prohibited from operating a motor vehicle while noticeably impaired or with a blood alcohol concentration (BAC) of 0.08 or higher. 

North Carolina separates DWIs into five categories. Level I is the most serious offense, while Level 5 is the least serious. If you are found guilty of a DWI, a judge will sentence you, taking into account certain aggravating or grossly aggravating factors and mitigating factors, depending on the level of the crime. 

The following are the penalties assessed for each level: 

• Level I – The highest level of a DWI crime, a Level I crime carries a fine of up to $4,000. It has a minimum thirty-day jail sentence and a two-year maximum sentence. A judge does not have the discretion to suspend a minimum sentence. 
• Level II – A Level II crime carries a fine of up to $2,000 and a minimum jail sentence of seven days. The maximum jail sentence is one year. A judge cannot suspend the minimum sentence like a Level I crime.
• Level III – If you are found guilty of a Level III crime, you will face a fine of up to $1,000 and a minimum 72-hour stay in jail, with a maximum of up to six months. However, if you spend  72 hours in jail, perform 72 hours of community service, or do not drive for 90 days, a judge can suspend your sentence.
• Level IV – The fine for a Level IV crime is up to $500, and the jail sentence is a minimum of 40 hours with a maximum of 120 days. A judge can suspend the sentence upon the driver completing 48 hours in jail, 48 hours of community service, or not operating a vehicle for 60 days. 
• Level V – The lowest level, a Level V crime carries a fine of up to $200 and a minimum jail sentence of 24 hours, with a sixty-day maximum jail sentence. To be eligible for a judge to suspend your sentence, you must spend 24 hours in jail, perform 24 hours of community service, or not operate a vehicle for 30 days.

What constitutes a Level I or II crime? These highest levels are reserved for repeat offenders, individuals whose driver’s licenses have been revoked, impaired drivers, impaired drivers who injure someone in an accident, and impaired drivers with children in the vehicle. Before an impaired driver’s license is restored, they must complete a substance abuse assessment and comply with any recommended treatment, as further discussed below.