In North Carolina, DWI penalties vary based on the severity of the offense, with sentences divided into six levels. The judge determines your sentencing level by weighing aggravating and mitigating factors, such as prior convictions, high blood alcohol content (BAC), or safe driving history. Here’s a breakdown of the possible consequences of a DWI conviction in North Carolina:
Level Five DWI
If the mitigating factors outweigh any aggravating factors, the judge will assign a Level Five sentence.
Level Five penalties include:
- Up to $200 in fines
- Usually, twenty-four hours to 60 days in jail
- Forty-eight hours of community service
- Continuous alcohol monitoring at the court’s discretion
Level Four DWI
If the aggravating and mitigating factors in your case balance each other out, the judge will assign a Level Four sentence. Level Four penalties include:
- Up to $500 in fines
- Forty-eight hours to 120 days in jail
- Forty-eight hours of community service
- Continuous alcohol monitoring at the court’s discretion
Level Three DWI
If there are no grossly aggravating factors but more aggravating factors than mitigating ones, the judge will impose a Level Three sentence. Level Three penalties include:
- Up to $1,000 in fines
- Seventy-two hours to six months in jail
- Seventy-two hours of community service
- Continuous alcohol monitoring at the court’s discretion
Level Two DWI
If the judge finds one grossly aggravating factor, such as a previous DWI conviction, you will face a Level Two sentence. Level Two penalties include:
- Up to $2,000 in fines
- Seven days to 12 months in jail
- Two hundred and forty hours of community service with a gross aggravating factor
- Continuous alcohol monitoring for 90 days
Level One DWI
If your case involves two grossly aggravating factors, such as transporting a minor, you will face a Level One DWI sentence. Level One penalties include:
- Up to $4,000 in fines
- Thirty days to 24 months in jail
- Mandatory continuous alcohol monitoring for 120 days
Aggravated Level One DWI
If the judge finds three or more grossly aggravating factors, you face the most severe DWI sentence. Aggravated Level One penalties include:
- Up to $10,000 in fines
- Twelve to 36 months in jail
- Mandatory continuous alcohol monitoring for 120 days
Aggravating and Mitigating Factors in DWI Sentencing
In North Carolina DWI cases, the judge considers aggravating and mitigating factors to determine your sentencing level.
Aggravating factors can increase the severity of your sentence. These factors include a BAC of 0.15% or higher, reckless or dangerous driving, speeding 30 miles per hour over the limit, and attempting to evade law enforcement.
Grossly aggravating factors, which have an even greater impact on sentencing, include having a prior DWI within seven years, driving with a suspended license, causing serious injury, or transporting a minor during the offense.
Mitigating factors may reduce the severity of your sentence. These include a BAC close to the legal limit, a clean driving record, and showing that you drove safely aside from the impairment. Completing a substance abuse assessment or voluntarily entering treatment can also serve as a mitigating factor.
Contact a North Carolina DWI Attorney
If you are facing DWI charges in North Carolina, take action today. Contact Greenwood Law to discuss your case in an initial consultation session. Our team will explain what to expect and build a strong defense for your situation. Call (336) 661-8788 now or contact us online to speak with us about how we can support you through this challenging time.