Find out If Jail Time Comes with your DWI When Charged in North Carolina
The level of sentencing for a DWI in North Carolina determines the jail time. A Level 5 sentence may include 24 hours to 60 days of imprisonment; Level 4 has a maximum of 120 days; Level 3 has a maximum of 180 days in jail; Level 2 is from 7 days to 1 year in prison; Level 1 has 30 days to 2 years in prison.
North Carolina has strict laws and penalties concerning driving while under the influence. Anyone who is caught driving with a blood alcohol concentration (BAC) of 0.08% or higher or who is impaired by drugs can receive significant penalties, including jail time.
You can get jail time when convicted of a DWI in NC, depending on the specifics of the case. Overall, the level of punishment depends on the severity of the crime, the defendant’s prior offenses, previous driving record, and aggravating circumstances.
After your arrest, you need an experienced criminal defense attorney, preferably one who has handled NC DWI cases. Our Raleigh DWI lawyers at Sandman, Finn & Fitzhugh attorneys at law are skillful in quickly developing a defense strategy when you are facing jail time.
Penalties for a DWI Conviction
During your DWI trial, the prosecution will present any aggravating factors and grossly aggravating factors that are against you in court. Your attorney will then present the mitigating factors in your defense. Consequences for a DWI conviction depend on multiple factors. The severity of the case determines how the judge looks at your conviction and the penalties you face.
The level of your sentence depends on the number of each of these factors and whether the mitigating factors outweigh aggravating and grossly aggravating factors. Repeat offenders face the possibility of additional and stricter punishment under NC DWI law.
Five Levels of Sentencing
There are five levels of sentencing for DWI convictions. Level V is the least severe type of DWI. It is the most common for a first-time DWI offender who has no aggravating factors in the case. It is punishable by up to a $200 fine and anywhere from 24 hours to 60 days imprisonment at the judge’s discretion. If there are equal mitigating and aggravating factors in your case, you will face a Level 4 sentence of a maximum jail term of 120 days and a maximum fine of $500. A Level 3 sentence is imposed if there are more aggravating than mitigating factors in your case. Level 3 sentencing carries a maximum jail term of 180 days and a maximum fine of $1,000.
Levels 3, 4, and 5 also have provisions for a probation sentence that include community service, one to three days in jail, and completion of a substance abuse assessment and treatment, if the judge deems it necessary.
Levels 1 and 2 are for DWIs with many aggravating factors. Level 2 sentencing is imposed if there is one grossly aggravating factor in your case. A prison term of seven days to one year is required with a maximum fine of $2,000. If two grossly aggravating factors exist in your case, you will be sentenced as a Level 1 with punishment to include a minimum of 30 days and a maximum of two years in prison plus a fine of no more than $4,000.
Level 1 sentencing may be imposed if one of the following aggravating factors are part of your case:
- A minor under the age of 18 was in your vehicle
- An individual with a mental disability was in the vehicle
- A person with a physical disability that makes them unable to exit the vehicle without help was in the vehicle at the time of your arrest
The most serious sentencing level is Level A1. If the judge finds that there are three or more grossly aggravating factors involved in your DWI, you will be sentenced to prison for one to three years and will have to pay a fine of no more than $10,000.
Contact Raleigh DWI Lawyers at Sandman, Finn & Fitzhugh For a Free DWI Arrest Review
If you have been arrested for a DWI in Raleigh or Wake Count, contact the attorneys at Sandman, Finn & Fitzhugh. We work quickly to develop strategies for your charges. If your case involves serious aggravating factors, we can make a difference due to our years of experience defending DWI offenders. Contact us today to review your DWI charges for free at (919) 845-6688 or fill out our contact form to get started.