In North Carolina, there are various laws with regard to driving while intoxicated (DWI) infractions. First, with regard to driving privileges, if an offender registers a .08 or greater in a blood or breathalyzer test, or have refused to take such test, one’s privilege to drive in the State of North Carolina will be revoked for at least 30 days.
Two or more grossly aggravating factors lead to a Level 1 conviction. One grossly aggravating factor leads to a Level 2 conviction.
If there are no grossly aggravating factors, the judge will weigh aggravating and mitigating factors to determine if you should be sentenced under Levels 3, 4, or 5. So, if aggravating factors outweigh the mitigating factors, Level 3 punishment is imposed.
If aggravating and mitigating factors are equal, Level 4 punishment is imposed. If the mitigating factors outweigh the aggravating factors, Level 5 punishment will be initiated. So, Level 1 is the highest level of punishment, and Level 5 is the lowest level of punishment.
The sentencing for the various levels is listed as follows:
Level 1: offenders get 30 days minimum and 2 years maximum, supervised probation and fines. DMV will suspend a person’s license from 1 year to permanently.
Level 2 : offenders get 7 days in jail minimum and one year maximum, and will typically get order supervised probation, and fines. DMV will suspend the offender’s license from 1 year to permanently.
Level 3: offenders choose one of the two following options: (1) 72 hours of community service, or (2) 72 hours in jail ($15 per day fee). Also, if you are a Level 3 offender, the judge will likely order you to pay a fine between $350 – $1000 plus court costs.
Level 4: the same conditions will apply as for Level 3, except you will choose between 48 hours of community service, and 48 hours of jail. The fine is $1000 plus court costs, the max jail term being 60 days.
Under Level 3, 4, or 5, the judge will likely impose a suspended sentence and place you on unsupervised probation; supervised is also an option.
Therefore, it is easy to discern the fact that the law in the area of DWI’s in North Carolina is tricky. This is why it is so important to have an attorney to help you navigate through this system. For a consultation, call the law offices of Robert J. Reeves, P.C. at our Charlotte, North Carolina toll-free at 877-374-5999.