What Are Considered Aggravating Factors in DWI Cases in NC?

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Driving while impaired (DWI) is a serious offense in North Carolina. The state imposes strict penalties on those convicted of DWI, especially when aggravating factors are present. Understanding what constitutes aggravating factors in DWI cases is crucial for anyone facing such charges. This guide will explain these factors, their impact on your case, and how they can influence the penalties you face.

What is a DWI?

DWI stands for Driving While Impaired. This means operating a vehicle under the influence of alcohol, drugs, or both. In North Carolina, it is illegal to drive with a blood alcohol concentration (BAC) of 0.08% or higher. For commercial drivers, the limit is 0.04%, and for drivers under 21, any detectable alcohol is prohibited.

What Are Aggravating Factors?

Aggravating factors in DWI cases are conditions or circumstances that make the offense more severe. These factors can lead to harsher penalties, including longer jail time, higher fines, and extended license suspensions. North Carolina law categorizes these factors into two types: grossly aggravating factors and regular aggravating factors.

Grossly Aggravating Factors Have the Greatest Impact on Sentencing

Grossly aggravating factors are the most serious and have the greatest impact on DWI sentencing.
The presence of one or more grossly aggravating factors can result in Level 1 or Level 2 DWI penalties, which are the most severe. These factors include:

  1. Prior DWI Convictions: Having a prior DWI conviction within the last seven years is considered a grossly aggravating factor.
  2. Driving with a Child: Driving while impaired with a child under 18 years old in the vehicle.
  3. Driving with a Revoked License: Driving while impaired when your license is already revoked for a previous DWI.
  4. Causing Serious Injury: Causing serious injury to another person while driving while impaired.

Aggravating Factors Are Less Severe but Still Carry Increased Penalties

Regular aggravating factors also lead to increased penalties but are less severe than grossly aggravating factors. The presence of these factors can still result in higher-level sentencing but typically not as harsh as those influenced by grossly aggravating factors. Examples of aggravating factors include:

  • High BAC: Having a BAC of 0.15% or higher.
  • Reckless or Dangerous Driving: Exhibiting reckless or dangerous driving behavior while impaired.
  • Negligent Driving Leading to an Accident: Causing an accident that resulted in more than $1,000 of property damage.
  • Speeding: Driving at least 30 mph over the speed limit.
  • Attempting to Elude Arrest: Attempting to flee or elude law enforcement during the DWI incident.
  • Passing a School Bus: Illegally passing a school bus while impaired.

The Impact of Aggravating Factors on Penalties

The presence of aggravating factors in a DWI case can significantly increase the severity of the penalties. North Carolina uses a structured sentencing system for DWI offenses, with six levels of punishment, as follows:

  • Level 5
    • Least severe penalties, usually for first-time offenders, mitigating factors outweigh any aggravating factors.
    • Possible penalties include up to 60 days in jail and a fine of up to $200.
  • Level 4
    • Aggravating and mitigating factors are equal.
    • Penalties can include up to 120 days in jail and a fine of up to $500.
  • Level 3
    • Presence of aggravating factors but no grossly aggravating factors.
    • Penalties can include up to six months in jail and a fine of up to $1,000.
  • Level 2
    • Presence of at least one grossly aggravating factor.
    • Penalties can include up to one year in jail and a fine of up to $2,000.
  • Level 1
    • Presence of two or more grossly aggravating factors, or the single aggravating factor of having a child under 18 in the vehicle.
    • Penalties can include up to two years in jail and a fine of up to $4,000.
  • Aggravated Level 1
    • Three or more grossly aggravating factors

Penalties can include up to three years in prison, with a minimum active sentence of twelve months active. In some cases, wearing an alcohol monitoring device can reduce the active time to 120 days active.

Why Do Aggravating Factors Matter?

Understanding aggravating factors in DWI cases is important because they directly influence the outcome of your case. Being aware of these factors can help you and your attorney build a defense strategy. If you are facing a DWI charge with aggravating factors, it is critical to seek legal advice immediately.

Mitigating Factors Can Reduce the Severity of DWI Penalties

In addition to aggravating factors, there are also mitigating factors. Mitigating factors are circumstances that can reduce a defendant's sentence at a judge's discretion. They are also known as mitigating circumstances or extenuating circumstances, and can reduce the severity of the penalties.
Mitigating factors include:

  • Having a BAC of 0.09% or lower.
  • Having a safe driving record.
  • Voluntarily submitting to a substance abuse assessment and treatment.
  • Showing remorse and accepting responsibility for the offense.

Contact an Experienced North Carolina DWI Attorney

If you are facing DWI charges in North Carolina, especially with aggravating factors, the Johnston County attorneys at Reece & Reece can help. They are experienced in handling DWI cases and understand the complexities of North Carolina's DWI laws. With their expertise, they can help you navigate the legal system and work towards the best possible outcome for your case.

For more information or to schedule a consultation, contact Reece & Reece, Attorneys at Law at
(919) 300-1249. Don't face DWI charges alone – get the help you need to protect your rights and your future.

Categories: DUI/DWI