If you plea or are found guilty of a DWI in North Carolina, you will be sentenced according to structured guidelines applied to your particular case. Ultimately, the judge will weigh your Mitigating Factors against your Aggravating Factors and Grossly Aggravating Factors, if any, to determine your appropriate Punishment Level. Each Punishment Level has its own set of rules to guide the judge in determining your final sentence.
Sentencing Factors
Mitigating Factors
Slight impairment of faculties, solely from alcohol, when chemical analysis was not available
Blood alcohol level of .09 or less
Safe and lawful driving except for impairment
Safe driving history
Impairment from prescription drug, and amount taken was within prescribed dosage
Voluntary submission to substance abuse assessment and to treatment
Alcohol abstinence for 60 days proved by continuous alcohol monitoring system
Any other factor that mitigates the seriousness of the offense
Aggravating Factors
Blood alcohol level of .15 or more
Especially reckless or dangerous driving
Negligent driving leading to a reportable accident
Driving while license revoked
Two or more 3+ point driving convictions within 5 years or one or more impaired driving convictions over 7 years old.
Speeding to elude
Speeding 31+ mph over the speed limit
Passing a stopped school bus
Any other factor that aggravates the seriousness of the offense
Grossly aggravating factors
Prior DWI conviction within 7 years
DWI conviction after the date of the DWI offense at issue
Driving while license revoked from an impaired driving offense
Serious injury to another person
Driving with either a person under18, or with a mental or physical disability
Punishment Levels
Levels A1, 1, and 2 apply if you have any of the above Gross Aggravating Factors, otherwise, Levels 3, 4, and 5 will apply.
+ Level 5
Mitigating Factors Substantially Outweigh Aggravating Factors
Penalies:
- Up to $200 fine
- 24 hours to 60 days in jail
Jail may be suspended if:
- 24 hours imprisonment through special probation, or
- 24 hour of community service
+ Level 4
Mitigating and Aggravating Factors Are Balanced
Penalies:
- Up to $500 fine
- 48 hours to 120 days in jail
Jail may be suspended if:
- 48 hours imprisonment through special probation, or
- 48 hour of community service
+ Level 3
Aggravting Factors Substantially Outweigh Mitigating Factors
Penalies:
- Up to $1,000 fine
- 72 hours to 6 months in jail
Jail may be suspended if:
- 72 hours imprisonment through special probation, or
- 72 hour of community service
+ Level 2
Only One Grossly Aggravating Factor Exists (except minor child in vehicle)
Penalies:
- Up to $2,000 fine
- 7 days to 1 year in jail
Jail may be suspended if:
- 90 days of successful continuous alcohol monitoring, and
- 7 days jail time or 240 hours of community service
+ Level 1
Minor/Disabled Person in Vehicle or 2 Grossly Aggravating Factors Exists
Penalies:
- Up to $4,000 fine
- 30 days to 2 years in jail
Jail may be suspended if:
- 120 days of successful continuous alcohol monitoring, and
- 10 days jail time
+ Level A1
At Least 3 Grossly Aggravating Factors Exists
Penalies:
- Up to $10,000 fine
- 1 - 3 years in jail
Jail may be suspended if:
- 120 days of successful continuous alcohol monitoring, and
- 120 days jail time