DWI LAW IN NORTH CAROLINA CHANGED DRASTICALLY SINCE THE ORIGINAL POSTING OF THIS BLOG.  READ HERE FOR MORE INFORMATION ON THE NEW NORTH CAROLINA DWI SENTENCING LAWS. 

Being charged with a DWI can be a frightening experience, and rightfully so. A DWI conviction carries serious consequences and can impact a person’s life for years to come.  Knowing what to expect once in court and how the court will sentence a DWI case can make a stressful situation a bit more tolerable.   This article will answer these and other questions and provide a bit of insight into a complicated process.

DWI Punishment Levels

Whether  convicted after a bench trial, a jury trial, or after entering a plea of guilty without a trial, the sentencing process is the same.  DWI punishment in North Carolina is broken into 5 levels.  Level 1 carries the most serious punishment while level 5 has the least.

Level 5 Punishment:

• 1 year suspension of driving privilege
• Monetary fine to be determined by the judge, not to exceed $200
• Court Costs
• Minimum of 24 hours, maximum 60 days, in jail.
• Must obtain alcohol assessment and any recommended treatment. (most judges require this but even if they don’t it must be done before DMV will issue a new license)

Level 4 Punishment:

• 1 year suspension of driving privilege
• Monetary fine to be determined by the judge and not to exceed $500
• Court Costs
• Minimum 48 hours, maximum 120 days, in jail
• Must obtain alcohol assessment and any recommended treatment. (most judges require this but even if they don’t it must be done before DMV will issue a new license)

Level 3 Punishment:

• 1 year suspension of driving privilege
• Monetary fine to be determined by the judge, not to exceed $1,000.
• Court Costs
• Minimum 72 hours, maximum 6 months, in jail
• Must obtain alcohol assessment and any recommended treatment. (most judges require this but even if they don’t it must be done before DMV will issue a new license)

Level 2 Punishment:

• 1 year suspension of driving privilege
• Monetary fine to be determined by the judge, not to exceed $2,000.
• Court Costs
• Minimum 7 Days, maximum 1 year, in jail
• Must obtain alcohol assessment and any recommended treatment. (most judges require this but even if they don’t it must be done before DMV will issue a new license)

Level 1 Punishment:

• 1 year suspension of driving privilege
• Monetary fine to be determined by the judge, not to exceed $4,000.
• Court Costs
• Minimum 30 days, maximum 2 years, in jail
• Must obtain alcohol assessment and any recommended treatment. (most judges require this but even if they don’t it must be done before DMV will issue a new license)

DETERMINING SENTENCING LEVEL

So how does the court determine in which of the 5 levels to sentence a person?  The court looks at various factors that can be found on form AOC CR-311. There are three categories of factors the court looks at.

Mitigating Factors: These are good things about the defendant or his case.  Mitigating factors are:

• Slight impairment (.09 or less)
• Driving at the time of the DWI was otherwise safe and lawful
• Defendant has an otherwise clean driving record
• Impairment was by  lawfully prescribed drugs within the prescribed dosage
• Voluntary submission to an alcohol assessment

Aggravating Factors: These are bad things about the defendant or his case.  Aggravating factors are:

• Gross impairment (.16 or more)
• Especially aggressive or dangerous driving
• Negligent driving leading to a reportable accident
• Conviction of a prior DWI more than 7 years ago
• Driver’s License revoked at time of the DWI for a non alcohol related offense.
• Two or more prior 3 point convictions within the preceding 5 years before the offense
• Conviction of speeding at least 30 miles over the legal speed limit
• Passing a stopped school bus

Grossly Aggravating Factors: These are really bad things about the defendant or his case.  Grossly aggravating factors are:

• Prior DWI conviction within the past 7 years
• Driver’s license was revoked at the time of the DWI for a prior alcohol related offense
• Serious injury to another caused by the Defendant’s impaired driving
• Having a child less than 16 years old in the car at the time of the offense

The court will first look to determine if any grossly aggravating factors are present.  If there is one grossly aggravating factor, the court will sentence the defendant as a level 2.  If there  is more than one grossly aggravating factor, the court will sentence the defendant as a level 1.  The presence of a grossly aggravating factor technically negates the presence of any aggravating or mitigating factors.  However, there is a degree of discretion within each level of sentencing.   Therefore, even if there are grossly aggravating factors the presence of aggravating or mitigating factors can play a role in determining how severe the punishment will be within levels 1 and 2.

If there are no grossly aggravating factors, the court will next determine the existence of aggravating and mitigating factors.  If aggravating factors outweigh mitigating factors the court will sentence the defendant as a level 3.  If the aggravating and mitigating counterbalance, the court will find a level 4.  If mitigating factors outweigh aggravating factors the court will sentence the defendant as a level 5.

CONCLUSION:

Being charged with DWI is the beginning of arduous and at times confusing process.  For the most part DWI sentencing takes into account a person’s actions in the past leading up to the time of the stop.  That being so, there is little that can be done after the stop has taken place to improve the situation and attempt to reduce punishment.  However, there is one mitigating factor within a person’s control AFTER the time of the stop, and that is subjecting to an alcohol assessment.  This mitigating factor can make the difference in the court finding level 5 punishment or one of the more serious lower levels.  In addition, it shows the sentencing court that the defendant is taking responsibility for his actions by attempting to address any alcohol addiction issues.  Further, DMV will not issue a limited driving privilege or a full driver’s license until a person receives an alcohol assessment.  So bottom line, GET AN ALCOHOL ASSESSMENT.

DWI law is constantly evolving.  In fact as this blog is being written lawmakers are enacting legislation that will make our DWI laws even tougher.  Be on the lookout for future articles about this new legislation and how it will affect DWI sentencing.