DWIs are taken very seriously in North Carolina and are sentenced at different levels, based on the severity of the offense. Not to be confused with a Level One DWI, an Aggravated Level One DWI is treated much more harshly, and judicial discretion is much more limited in sentencing. While a judge may suspend a jail sentence with a Level One DWI, active jail time is required by law with an Aggravated Level One DWI in North Carolina. If there are aggravating factors in your DWI case, it’s essential to have a skilled criminal defense attorney who can fight for the best possible outcome.

Key Takeaways

What is an Aggravated Level One DWI?

An Aggravated Level One DWI in North Carolina can be imposed if three or more grossly aggravating factors were present during the commission of the offense. Under North Carolina law, factors that can contribute to this level of DWI include the following:

• A prior DWI conviction within the last seven years
• Driving with a revoked license in connection with a prior DWI offense
• Causing serious injury to another while driving impaired
• Having a child under 18 present in the vehicle at the time of the DWI
• Having a passenger in the vehicle during the DWI who has a physical or mental disability that prevents them from leaving the vehicle

If a judge or jury only finds two aggravating factors in a DWI case, the defendant must be sentenced at a Level One.

What is the Penalty for an Aggravated Level 1 DWI?

The penalties for an Aggravated Level One DWI in North Carolina are harsh. Although the offense is a misdemeanor, it is treated more severely than a felony in many cases. Punishment includes a mandatory minimum jail sentence of 120 days up to a maximum of 36 months. A defendant may also be required to pay a $10,000 monetary fine and install an ignition interlock device in their vehicle..

A defendant may also face collateral consequences if convicted of an Aggravated Level One DWI. These include long-term license revocation, employment barriers, difficulty finding housing, and the social stigma of a criminal record. In addition, insurance premiums can increase significantly, making it financially impossible to keep a vehicle upon license restoration.

Can You Reduce the Severity of an Aggravated Level 1 DWI?

Under North Carolina law, a DWI cannot be reduced to a different offense, such as a “wet reckless.” Once the judge determines that there are three or more grossly aggravating factors, the law requires an Aggravated Level One sentence. However, before sentencing, if the defense can eliminate even just one grossly aggravating factor, the case drops from an Aggravated Level One DWI to a Level One DWI. If successful, this can reduce the minimum jail time from 12 months to 30 days.

There are many challenges a defense attorney may bring to eliminate grossly aggravating factors, depending upon those present in the case. For instance, they may argue that a prior DWI falls outside the seven-year lookback period or there is improper proof of license revocation. An attorney may also raise disputes over what qualifies as a “serious injury” or argue that the child’s presence in the vehicle cannot be proven.

A defense attorney might also focus on challenging the DWI entirely. In the event the underlying DWI is dismissed or the defendant is found not guilty, no sentencing level would be applied at all. Common strategies can include questioning the legality of the traffic stop, moving for suppression of the chemical test, arguing improper chemical analysis or failure to calibrate the breathalyzer, and showing there was no proof of impairment. While the facts of every case are unique, it’s important to have a skilled criminal defense attorney who can develop a tailored strategy to achieve the best possible results.

Contact an Experienced DWI Attorney in North Carolina

If you are facing an Aggravated Level One DWI in North Carolina, it’s essential to mount a solid defense. The Johnston County DWI attorneys at Reece & Reece, Attorneys at Law are dedicated to providing reliable representation and aggressive advocacy to clients facing DWI matters in North Carolina. Call (919) 300-1249 or contact us online to schedule a consultation and learn how we can help.