North Carolina has a much higher rate of drunk driving fatalities than the national average. In light of this data from the Centers for Disease Control and Prevention, the state imposes serious penalties for drivers who operate a motor vehicle under the influence of drugs or alcohol.
If you have been charged with a DWI in Winston-Salem, Greensboro, High Point, or the surrounding areas, contact a North Carolina DWI lawyer from Greenwood Law today at 336-794-6138 or contact us online today.
Before facing a court date for DWI, understand the state’s possible legal consequences for this offense.
LEVEL FIVE DWI PUNISHMENT: N.C.G.S. § 20-179(K)
- Imposed if:
- Mitigating factors outweigh any aggravating factors.
- Fine: Up to $200
- Jail: Minimum of 24 hours, maximum of 120 days
- Prison term may be suspended, but the suspended sentence must include:
- Prison term of at least 24 hours as a condition of special probation OR
- Community service for at least 24 hours OR
- Any combination of the above
- Prison term may be suspended, but the suspended sentence must include:
- If probation is imposed, it will include the requirement that the defendant undergo a substance abuse assessment and related treatment or education, along with any other lawful conditions of probation the judge should choose to impose.
LEVEL FOUR DWI PUNISHMENT: N.C.G.S. § 20-179(J)
- Imposed if either:
- No aggravating or mitigating factors are present.
- Aggravating factors are counterbalanced by any mitigating factors.
- Fine: Up to $500
- Jail: Minimum of 48 hours, maximum of 120 days
- Prison term may be suspended, but the suspended sentence must include:
- Prison term of at least 48 hours as a condition of special probation OR
- Community service for at least 48 hours OR
- Any combination of the above
- Prison term may be suspended, but the suspended sentence must include:
- If probation is imposed, it will include the requirement that the defendant undergo a substance abuse assessment and related treatment or education, along with any other lawful conditions of probation the judge should choose to impose.
LEVEL THREE DWI PUNISHMENT: N.C.G.S. § 20-179(I)
- Imposed if:
- No grossly aggravating factors are present.
- Aggravating factors outweigh any mitigating factors.
- Fine: Up to $1,000
- Jail: Minimum of 72 hours, maximum of six months
- Prison term may be suspended, but the suspended sentence must include:
- Prison term of at least 72 hours as a condition of special probation OR
- Community service for at least 72 hours OR
- Any combination of the above
- Prison term may be suspended, but the suspended sentence must include:
- If probation is imposed, it will include the requirement that the defendant undergo a substance abuse assessment and related treatment or education, along with any other lawful conditions of probation the judge should choose to impose.
LEVEL TWO DWI PUNISHMENT: N.C.G.S. § 20-179(H)
- Imposed if:
- No minor child (under 18) was present in the vehicle.
- Only one other grossly aggravating factor is present.
- Fine: Up to $2,000
- Jail: Minimum of seven days, maximum of 12 months *
- Prison term may be suspended only if a condition of special probation is imposed, including a minimum prison term of seven days.
- If probation is imposed:
- Probation will include the requirement that the defendant undergo a substance abuse assessment and related treatment or education.
- Probation may include a requirement of abstaining from alcohol, monitored by a continuous alcohol monitoring system, for anywhere from 30 days up to the maximum of the term of probation, along with any other lawful conditions of probation the judge should choose to impose.
* Please Note: There are sometimes ways to avoid this mandatory jail term. It is important to have an experienced attorney on your side that can advise you properly.
LEVEL ONE DWI PUNISHMENT: N.C.G.S. § 20-179(G)
- Imposed if either:
- The defendant was accompanied by a minor child (under 18) at the time of the offense. *
- Any two of the other grossly aggravating factors are present.
- Fine: Up to $4,000
- Jail: Minimum of 30 days, maximum of 24 months **
- Prison term may be suspended only if a condition of special probation is imposed, including a minimum prison term of 30 days.
- If probation is imposed:
- Probation will include the requirement that the defendant undergo a substance abuse assessment and related treatment or education.
- Probation may include a requirement of abstaining from alcohol, monitored by a continuous alcohol monitoring system, for anywhere from 30 days up to the maximum of the term of probation.
* Please Note: This allegation is usually accompanied with a Child Abuse Charge as well. The State of North Carolina takes these charges very seriously. You need an attorney.
** Please Note: There are sometimes ways to avoid this mandatory jail term. It is important to have an experienced attorney on your side that can advise you properly.
AGGRAVATED LEVEL ONE DWI PUNISHMENT: N.C.G.S. § 20-179(F3)
- Imposed if three or more grossly aggravating factors are present
- Fine: Up to $10,000
- Jail: Minimum of 12 months, maximum of 36 months, with no eligibility for parole
- Prison term can be suspended only if a condition of special probation is imposed, requiring a minimum prison term of at least 120 days.
- If probation is imposed, it must include the condition that the defendant abstain from alcohol for at least 120 days and undergo a substance abuse assessment and related treatment or education.
DWI SENTENCING FACTORS
GROSSLY AGGRAVATING FACTORS
The four factors below are classified as “grossly aggravating” for North Carolina DWI sentencing purposes:
- A prior conviction for an offense involving impaired driving if:
- The conviction occurred within seven years before the date of the offense for which the defendant is being sentenced; or
- The conviction occurs after the date of the offense for which the defendant is presently being sentenced, but prior to or contemporaneously
with the present sentencing; or - The conviction occurred in district court; the case was appealed to superior court; the appeal has been withdrawn or the case has been
remanded back to district court; and a new sentencing hearing has not been held pursuant to G.S. 20-38.7.
Each prior conviction is a separate grossly aggravating factor.
- DWLR at the time of the offense under G.S. 20-28, and the revocation was an impaired driving revocation under G.S. 20-28.2(a).
- Serious injury to another person caused by the defendant’s impaired driving at the time of the offense.
- Driving by the defendant at time of offense with any of the following persons in vehicle: child under age of 18, person with mental development
of child under 18, or person with physical disability preventing unaided exit from vehicle.
AGGRAVATING FACTORS
The eight factors below, plus the catch-all, are classified as “aggravating” for North Carolina DWI sentencing purposes:
- Gross impairment of the defendant’s faculties while driving or an alcohol concentration of 0.15 or more within a relevant time after driving
- Especially reckless or dangerous driving
- Negligent driving that led to a reportable accident
- Driving by the defendant while his or her driver’s license was revoked
- Two or more prior convictions for a motor vehicle offense not involving impaired driving for which at least three points are assigned under G.S. 20‑16 or for which the convicted person’s license is subject to revocation, if the convictions occurred within five years of the date of the offense for which the defendant is being sentenced, OR one or more prior convictions of an offense involving impaired driving that occurred more than seven years before the date of the offense for which the defendant is being sentenced
- Conviction of speeding by the defendant while fleeing or attempting to elude apprehension
- Conviction of speeding by the defendant by at least 30 mph over the legal limit
- Passing a stopped school bus
- Any other factor that aggravates the seriousness of the offense
NOTE: Except for paragraph 5, the aggravating factor must have occurred during the same incident as the impaired driving offense.
MITIGATING FACTORS
The seven factors below, plus the catch-all, are classified as “mitigating” for North Carolina DWI sentencing purposes:
- Slight impairment of the defendant’s faculties resulting solely from alcohol and an alcohol concentration that did not exceed 0.09 at any relevant time after the driving
- Slight impairment of the defendant’s faculties resulting solely from alcohol, with no chemical analysis having been available to the defendant
- Driving at the time of the offense that was safe and lawful except for the impairment of the defendant
- A safe driving record, having no convictions for any motor vehicle offense for which at least four points are assigned within five years of the date of the offense for which the defendant is being sentenced
- Impairment caused primarily by a lawfully prescribed drug for an existing medical condition, and the amount of the drug taken was within the prescribed dosage
- Voluntary submission to a mental health facility for assessment after being charged with the impaired driving offense for which he or she is being sentenced and, if recommended by the facility, voluntary participation in the recommended treatment
- Completion of a substance abuse assessment, compliance with its recommendations, and maintaining 60 days of continuous abstinence from alcohol consumption, as proven by a continuous alcohol monitoring (CAM) system. The CAM device must be approved by the Division of Adult Correction (DOC).
- Any other factor that mitigates the seriousness of the offense
Still have questions? We are here to help.
If you’re facing drunk driving charges in Winston-Salem, Greensboro, High Point, or the surrounding areas, we urge you to contact our law firm, Greenwood Law. We put the law on your side and protect your rights throughout the entire legal process. Call our Winston-Salem office today at 336-794-6138 or schedule an appointment using this online contact form.
