Factors In and Levels of DWI Sentencing in NC
When convicted of a DWI in Wake County, the DWI sentencing hearing is the first step. At DWI sentencing, the judge hears aggravating factors presented by the District Attorney and mitigating factors presented by your DWI defense attorney. The judge then sentences you according to the determination of the aggravating and mitigating factors using 5 levels of DWI sentencing and penalties.
North Carolina has a complex method for sentencing individuals convicted of DWI with 3 factors that influence and determine the sentencing for DWI:
Factor #1: Grossly Aggravating Factors
In North Carolina, a grossly aggravating factor in a DWI case is a factor that makes the crime of drunk driving worse. The number of aggravating factors in a case determines the level at which the defendant is charged. Each prior conviction is a separate grossly aggravating factor. For example, having three or more aggravating factors may result in Aggravated Level I sentencing, the strictest under North Carolina law. Two aggravating factors may result in a Level I sentencing.
Examples of grossly aggravating factors include:
- Having a child under the age of 18 present in your vehicle
- Serious injury to another person
- Prior DWI conviction within the past seven (7) years
- Driving while intoxicated with a license that is suspended on a previous DWI conviction
- High blood alcohol levels
- Excessive speeding
- Causing property damage
Factor #2: Aggravating Factors
Although aggravating factors are not as serious as grossly aggravating factors, they can enhance your penalty level, especially if they outweigh the number of positive or mitigating factors in your case.
In North Carolina, aggravating DWI factors include:
- Having a BAC of .15 or higher
- Driving with a revoked license
- Having a previous DWI conviction
- Illegally passing a school bus
- Driving 30 mph over the speed limit
- Speeding in an attempt to elude police
- Reckless driving
- Causing an accident
Factor #3: Mitigating Factors
Mitigating factors help a defendant reduce his/her DWI sentence. In North Carolina, the following are mitigating factors for DWI convictions:
- The driver had a BAC of .09 after drinking while driving
- The driver was driving safely and was following the law, but for the DWI
- The driver only had a slight impairment because of alcohol consumption
- The driver has a clean driving record
- The driver has not received a conviction of an offense worth at least four point within five years of the date of the offense for which the defendant is being sentenced
- The driver was driving under the influence of prescribed medication and was taking the correct dosage at the time of the accident
- The driver completed a substance abuse evaluation, complied with the evaluator’s recommendations, and abstained from alcohol for 60 days in accordance with the continuous alcohol monitoring (CAM) system
- The driver had an assessment at a mental health facility after the DWI charge and, if recommended by the facility, voluntarily began the recommended treatent
The Levels of DWI Sentencing
There are five levels of DWI sentencing. Level I is the most serious and Level V is the least serious. Additionally, everyone who is convicted of DWI must participate in and comply with the DWI Substance Use Assessment. You can not receive a Limited Driving Privilege without a DWI Assessment.
Level V DWI Sentencing
Level V is the least severe DWI sentence. It applies to first-time offenders with a blood alcohol (BAC) level below 0.15%. Additionally, if your defense attorney can show that the mitigating factors outweigh the aggravating factors, you will be sentenced at Level V. It carries a penalty that includes a:
- Fine up to $200 and
- Minimum jail sentence of 24 hours up to a maximum of 30 days
- Up to 60 days of license suspension
A judge can place you on probation with the following probation conditions:
- Spend 24 hours in jail,
- Perform 24 hours of community service
- Or, revocation of driving privileges for 30 days
Level IV Sentencing
If the mitigating factors are equal to the aggravating factors, you are sentenced as a Level IV with these penalties:
- Minimum of 48 hours to a maximum of 120 days in jail
- Fine up to $500
- Up to 120 days of license suspension
A judge can place you on probation with the following probation conditions:
- Spend 48 hours in jail
- Perform 48 hours of community service
- Or, revocation of driving privileges for 60 days
Level III Sentencing
You will be sentenced as a Level III if the aggravating factors outweigh the mitigating factors. Level III applies to first-time offenders with a BAC level of 0.15% or more and repeat offenders with a BAC level between 0.08% and 0.14%. Level III carries these punishments:
- Fine up to $1,000
- Maximum of 180 days in jail
A judge can place you on probation with the following probation conditions:
- Spend at least 72 hours in jail
- Perform 72 hours of community service
- Or, revocation of driving privileges for 90 days
Level II Sentencing
If the judge finds one grossly aggravating factor, you are sentenced as a Level II with these penalties:
- Maximum of one year in prison
- Minimum of seven days in prison (a judge may accept inpatient alcohol treatment in lieu of jail time)
- Maximum fine of $2,000
Level I DWI Sentencing
If the judge finds two grossly aggravating factors, you are sentenced as a Level I with these penalties:
- Maximum of two years in prison
- Minimum of 30 days in prison (a judge can substitute inpatient alcohol treatment in lieu of jail time)
- Maximum fine of $4,000
As of December 1, 2011, it became possible to be sentenced as a Level I when only one grossly aggravating factor is present and the following is true:
- A child under the age of 18 is in the car with you;
- A person with the mental development of a child under the age of 18 is in the car with you; or
- A person with a physical disability that prevents the person from getting into or out of the vehicle without assistance is in the car with you.
Level A1 DWI Sentencing
This is the harshest of all DWI sentences, given when a defendant has three or more grossly aggravating factors. This is called an aggravated level 1 (A1) sentence. When a person is sentenced as an aggravated level 1, he/she will receive a minimal term of imprisonment of not less than 12 months and a maximum sentence of 36 months. Additionally, a defendant subject to an A1 sentence can be fined up to $10,000, including a mandatory driver’s license suspension until the DMV returns it.
The term of imprisonment may be suspended only if a condition of special probation is imposed requiring the defendant to serve an active term of imprisonment for at least 120 days. As a condition of probation the judge shall impose a requirement that the defendant abstain from alcohol for a minimum of 120 days, as verified by a continuous alcohol monitoring system.
Schedule a Consultation with Our Raleigh DWI Lawyers
If you’ve been arrested for a DWI in Wake County, North Carolina, you need to take immediate action by calling our Raleigh DWI lawyers at Sandman, Finn, & Fitzhugh Attorneys at Law. We work quickly with specific strategies for your individual case. Our goal is to get you back on the road with a driving privilege, if possible. If your case involves serious aggravating factors, we can make a difference due to our years of experience defending DWI offenders. Contact us for a free case review at (919) 845-6688 or fill out our contact form to get started.