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Driving while impaired (DWI) is a serious offense in North Carolina, carrying significant legal consequences. The state takes DWI charges seriously, and the penalties are severe, ranging from heavy fines and mandatory substance abuse treatment to substantial jail time. Navigating these charges requires a seasoned DWI attorney who can effectively argue for a fair sentence and help minimize the impact on your life.
DWI Sentencing Factors
North Carolina’s DWI sentencing is structured into six levels, from the most severe Aggravated Level One to the least severe Level Five. Each level comes with its penalties, which are determined based on aggravating or mitigating factors in your case.
Aggravated Level One
Aggravated Level One is the most severe sentencing level for a DWI conviction in North Carolina. This level is reserved for cases with significant aggravating factors, elevating the offense’s seriousness. These factors include:
- Having a prior DWI conviction within the past seven years
- Driving with a revoked license due to a previous DWI
- Causing serious injury to another person while driving impaired
- Having a child under the age of 18 in the vehicle at the time of the offense
Penalties at this level can include up to three years in jail, hefty fines, and mandatory substance abuse treatment. Given the severity of Aggravated Level One, it’s essential to have a knowledgeable DWI attorney who can effectively advocate for your rights and work to mitigate these harsh penalties.
Level One
Level One sentencing for a DWI in North Carolina is also severe, though slightly less so than Aggravated Level One. This level is typically applied when there are serious aggravating factors but not as many or as extreme as those required for Aggravated Level One.
Key factors that might lead to a Level One sentence include:
- Two or more grossly aggravating factors, such as prior DWI convictions or driving with a revoked license.
- Having a passenger under 18 years old in the vehicle at the time of the offense.
Penalties for Level One can include up to two years in jail, significant fines, and mandatory alcohol or drug treatment programs.
Level Two
Level Two sentencing for a DWI in North Carolina is used when aggravating factors are present but do not meet the threshold for Level One. This level is often applied when there is a single grossly aggravating factor or multiple lesser aggravating factors.
Common scenarios that may result in a Level Two sentence include:
- A prior DWI conviction within seven years.
- Driving with a passenger under 18, but without other grossly aggravating factors.
- Causing a minor injury to another person while driving impaired.
Penalties for Level Two can include up to one year in jail, substantial fines, and mandatory substance abuse assessments and treatment.
Levels Three To Five
Levels Three, Four, and Five represent the less severe end of the DWI sentencing spectrum in North Carolina. These levels are typically applied when there are fewer or no aggravating factors and often involve first-time offenders or cases with mitigating factors.
Level Three
Level three sentencing is used when mitigating factors reduce the severity of the offense. A first-time DWI offense with no aggravating factors may result in a Level Three sentence. Penalties can include up to six months in jail, fines, and probation.
Level Four
Level Four is one step down from Level Three and is often applied in cases where mitigating factors significantly outweigh aggravating ones. Penalties for Level Four include up to 120 days in jail, fines, and probation.
Level Five
Level Five is the least severe sentencing level and is typically applied in cases with strong mitigating and no aggravating factors. Penalties can include up to 60 days in jail, fines, and probation.
Even at these lower levels, the consequences can be life-altering, making it essential to have a DWI attorney who can argue for the most favorable outcome.
Talk To An Experienced North Carolina DWI Attorney Today
North Carolina’s DWI sentencing laws are complicated and confusing. It takes a knowledgeable DWI attorney to identify mitigating factors, such as a clean driving record or voluntary participation in a treatment program, and help reduce your sentence.
Whether you’re facing an Aggravated Level One or a Level Five sentence, trust Hancock Law Firm to guide you through the legal system and minimize the long-term impact on your life. Call today for a consultation, and let us help protect your driving privileges.