Driving while impaired is a crime that is taken very seriously in North Carolina. While a conviction can result in severe penalties, it’s important to understand that not all charges are the same. There are a number of factors that can increase the severity of the consequences you might face — and where your offense will fall on the DWI sentencing chart that is used in North Carolina.

What is the DWI Sentencing Process?

Just because you’ve been charged with a DWI doesn’t necessarily mean you will be found guilty. Your initial trial will be in the District Court before a judge rather than a jury. This trial may involve motions to suppress evidence for defects in the traffic stop, arrest, or breath test procedure.

Upon conclusion of the trial, a verdict will be delivered. If you’ve been convicted of a DWI, there will be a sentencing hearing. At this hearing, the judge will evaluate whether there were grossly aggravating, aggravating or mitigating factors present in the case to determine the appropriate DWI sentencing level. The prosecution has the burden of proving any aggravating factors in the case beyond a reasonable doubt. The legal burden is on the defendant to prove the existence of any mitigating factors by a preponderance of the evidence.

What are Aggravating and Mitigating Factors?

Grossly aggravating factors are facts that can move your DWI charge to the highest punishment levels, Level One or Level Two. They include having a prior DWI conviction within 7 years of being charged with the current DWI, having a license that is revoked for a prior DWI, and having a minor under 18 years old in the vehicle. Level One and Two punishments carry mandatory jail time and no limited driving privileges are possible. If your DWI has any of these facts, it is especially important that you get a lawyer to help you.

Aggravating factors are scenarios that can enhance a DWI charge. They can include things like driving with a revoked license, having a DWI conviction more than 7 years prior to the current charge, gross impairment, or especially reckless driving. Other aggravating factors in DWI sentencing can include a BAC of .15% or higher and driving past a stopped school bus when the DUI occurred.

Just as there are factors that can aggravate a DWI case, there are also other factors that can minimize the charges or sentencing — these are called mitigating factors. For instance, if a defendant had a clean driving record, completed a substance abuse evaluation, or only had slight impairment, they might be able to get their DWI sentence reduced.

What are the DWI Punishment Levels?

DWI charges in North Carolina are typically a misdemeanor. However, there are certain instances where impaired driving can result in a felony charge, such as in cases involving habitual offenders. Critically, there are different levels of severity when it comes to DWI sentencing in North Carolina.

The DWI sentencing levels in North Carolina are broken down into six classifications, as follows:

• Level Five — A Level Five DWI can be imposed if the mitigating factors outweigh any aggravating factors that might be present. If convicted, a defendant can incur up to a $200 fine and be required to spend a minimum of 24 hours in jail, up to a maximum 120 days.
• Level Four — If there are no aggravating or mitigating factors present, or the aggravating factors are substantially counterbalanced by the mitigating factors, Level Four punishment can be imposed. This includes a fine of up to $500 and 48 hours to 120 days in jail.
• Level Three — Level Three DWI punishment can be imposed if there are no grossly aggravating factors involved and the mitigating and aggravating factors balance each other out. Punishment can include a fine up to $1,000 and a minimum 72 hours in jail up to a maximum of six months.
• Level Two — Penalties for a Level Two DWI can be imposed if there is one grossly aggravating factor present. If convicted, a defendant can face a fine of $2,000 and 7 days to 12 months in jail.
• Level One — A Level One DWI punishment can be imposed if a minor child was in the vehicle at the time of the offense or any two of the other grossly aggravating factors are present. Penalties can include a fine up to $4,000 and 30 days to 24 months jail time.
• Aggravated Level One — Punishment for an Aggravated Level One DWI can be imposed if there are three or more grossly aggravating factors present. Consequences can include a fine up to $10,000 and 12-36 months in jail with no eligibility for parole.

Importantly, even if you are convicted of the lowest level DWI, there can still be serious long-term ramifications. In addition to license suspension, you can also face increased insurance premiums. There may also be limitations placed on your right to possess a handgun permit — or in connection with certain employment.

Contact an Experienced North Carolina DWI Attorney

If you’ve been charged with a DWI in North Carolina, it’s critical to contact an attorney right away who can protect your Constitutional rights and fight for the best possible results in your case. The Johnston County DWI defense attorneys at Reece & Reece, Attorneys at Law provide skillful representation for a variety of criminal law and traffic-related matters including DWI offenses. Call (919) 300-1249 to schedule a consultation and learn how we can help.