North Carolina Driving While Impaired Laws Explained
If a driver is convicted of a DWI under North Carolina's drunk driving statute, the driver is eligible for one of five levels of punishment.
Level Five (5) is the most lenient, least serious level.
Level One (1) is the most serious, worst level.
Note that there are other laws - including Habitual DWI - which may impose even harsher penalties.
Those are not covered in this article.
This article was written by a Raleigh DWI lawyer about the misdemeanor sentencing scheme under North Carolina's Driving While Impaired (DWI) laws.
While North Carolina's misdemeanor laws generally follow a structured sentencing scheme, the DWI law handles sentencing differently.
Therefore you should find a DWI lawyer Raleigh who understands how sentencing works under the DWI statute in order to put your best case forward.
Levels are determined following conviction or can be set as part of a plea agreement.
Ultimately the judge has the authority to accept or reject a plea agreement, although if the judge rejects the plea agreement, the defendant can withdraw his plea and try either the case or hope for a continuance to present the plea offer in front of a different judge.
Level 5 is the least severe level.
In order to find a Level 5, the judge must find that there were no grossly aggravating factors, and that the mitigating factors substantially outweigh the aggravating factors.
Punishment for a Level 5 DWI conviction involves a fine of up to $200 (in addition to court costs), and imprisonment for between 24 hours and 60 days.
If the sentence is suspended, then judge must impose any combination of 1) an imprisonment for 24 hours, 2) 24 hours of community service to be completed within 30 days of the sentencing, or a 3) a requirement that the driver not operate a motor vehicle for at least 30 days.
Level 4 is someone more severe than Level 5.
In order to find a Level 4, the judge must find that there were no grossly aggravating factors, and that any mitigating factors are balanced by aggravating factors.
For instance, if there was a mitigating factor, the judge may also find an aggravating factor, so that they are roughly equal.
Punishment for a Level 4 DWI conviction involves a fine of up to $500 and imprisonment for between 48 hours and 120 days.
If sentence is suspended, the judge must impose any combination of 1) imprisonment for 48 hours, 2) 48 hours of community service to be completed within 30 days, or 3) a requirement that the driver not operate a motor vehicle for at least a term of 60 days.
Level 3 is more severe than Level 4.
In order to find a Level 4, the judge must find that there were no grossly aggravating factors, and that aggravating factors substantially outweigh mitigating factors.
Punishment for a Level 3 DWI conviction involves a fine of up to $1,000 and imprisonent for between 72 hours at 6 months.
If the sentence is suspended, the judge must impose any combination of 1) imprisonment for 72 hours, 2) 72 hours of community service to be done within 90 days of sentencing, or 3) a requirement that the driver not operate a vehicle for at least 90 days.
Level 2 is more severe than Level 3.
In order to find a Level 2, the judge must find that there was one grossly aggravating factor.
The judge will not weigh aggravating and mitigating factors.
Punishment for a Level 2 DWI conviction involves a fine of up to $2,000 and imprisonment for 7 days to 12 months.
If the sentence is suspended, the judge must impose an active term of 7 days in jail.
Level 1 is the most severe misdemeanor DWI level.
If a judge finds two or more grossly aggravating factors, the judge will sentence the driver to a Level 1 punishment.
Punishment for a Level 1 DWI conviction involves a fine of up to $4,000 and imprisonment for between 30 days at 24 months.
If the judge suspends the sentence, the driver will be jailed for at least 30 days.
Level Five (5) is the most lenient, least serious level.
Level One (1) is the most serious, worst level.
Note that there are other laws - including Habitual DWI - which may impose even harsher penalties.
Those are not covered in this article.
This article was written by a Raleigh DWI lawyer about the misdemeanor sentencing scheme under North Carolina's Driving While Impaired (DWI) laws.
While North Carolina's misdemeanor laws generally follow a structured sentencing scheme, the DWI law handles sentencing differently.
Therefore you should find a DWI lawyer Raleigh who understands how sentencing works under the DWI statute in order to put your best case forward.
Levels are determined following conviction or can be set as part of a plea agreement.
Ultimately the judge has the authority to accept or reject a plea agreement, although if the judge rejects the plea agreement, the defendant can withdraw his plea and try either the case or hope for a continuance to present the plea offer in front of a different judge.
Level 5 is the least severe level.
In order to find a Level 5, the judge must find that there were no grossly aggravating factors, and that the mitigating factors substantially outweigh the aggravating factors.
Punishment for a Level 5 DWI conviction involves a fine of up to $200 (in addition to court costs), and imprisonment for between 24 hours and 60 days.
If the sentence is suspended, then judge must impose any combination of 1) an imprisonment for 24 hours, 2) 24 hours of community service to be completed within 30 days of the sentencing, or a 3) a requirement that the driver not operate a motor vehicle for at least 30 days.
Level 4 is someone more severe than Level 5.
In order to find a Level 4, the judge must find that there were no grossly aggravating factors, and that any mitigating factors are balanced by aggravating factors.
For instance, if there was a mitigating factor, the judge may also find an aggravating factor, so that they are roughly equal.
Punishment for a Level 4 DWI conviction involves a fine of up to $500 and imprisonment for between 48 hours and 120 days.
If sentence is suspended, the judge must impose any combination of 1) imprisonment for 48 hours, 2) 48 hours of community service to be completed within 30 days, or 3) a requirement that the driver not operate a motor vehicle for at least a term of 60 days.
Level 3 is more severe than Level 4.
In order to find a Level 4, the judge must find that there were no grossly aggravating factors, and that aggravating factors substantially outweigh mitigating factors.
Punishment for a Level 3 DWI conviction involves a fine of up to $1,000 and imprisonent for between 72 hours at 6 months.
If the sentence is suspended, the judge must impose any combination of 1) imprisonment for 72 hours, 2) 72 hours of community service to be done within 90 days of sentencing, or 3) a requirement that the driver not operate a vehicle for at least 90 days.
Level 2 is more severe than Level 3.
In order to find a Level 2, the judge must find that there was one grossly aggravating factor.
The judge will not weigh aggravating and mitigating factors.
Punishment for a Level 2 DWI conviction involves a fine of up to $2,000 and imprisonment for 7 days to 12 months.
If the sentence is suspended, the judge must impose an active term of 7 days in jail.
Level 1 is the most severe misdemeanor DWI level.
If a judge finds two or more grossly aggravating factors, the judge will sentence the driver to a Level 1 punishment.
Punishment for a Level 1 DWI conviction involves a fine of up to $4,000 and imprisonment for between 30 days at 24 months.
If the judge suspends the sentence, the driver will be jailed for at least 30 days.
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