A Gastonia, North Carolina man is facing felony DWI charges after law enforcement reports that the man fell asleep in his car in Belmont, North Carolina. It is claimed by authorities that the man ran his car into a ditch and fell asleep at the wheel. The police found that the car was still in gear while the man was sleeping.
When officers approached the car, they smelled a strong odor of alcohol, and the man was sleeping behind the wheel. Authorities further report that the man blew a 0.15 on the breathalyzer test when he was processed at the Gaston County Jail. He faces charges ranging from habitual DWI, DWI, and driving with a revoked license.
In North Carolina, people charged with DWI may face serious penalties if convicted. The State follows a system where the prosecution will present aggravating factors and the defense will present mitigating factors to either decrease or increase the charge of DWI. In this case, the fact that the man was in a ditch passed out, had previous DWI charges, and was driving while his license is revoked will certainly act as aggravating factors against him. Further, when a person is charged as a habitual DWI offender, the law requires a mandatory minimum sentence of 12-months.
