If you are convicted of a DWI in North Carolina there are a variety of factors a judge may consider in determining what level of punishment is appropriate. The factors are generally categorized as grossly aggravating factors, aggravating factors, and mitigating factors. Grossly aggravating factors are those that are most serious while mitigating factors are those that served to possibly reduce the sentence. The judge will generally balance the factors in a given case against each other to decide the sentence.
Grossly aggravating factors in North Carolina include: Serious injury to another person while DWI; Child under 16 years of age in the vehicle at the time of DWI; Charged with DWI while license is suspended for a previous DWI; and Convicted of a DWI within 7 years. If your case involves any two of these factors you can expect a Level one punishment which includes jail time anywhere from 30 days to 24 months and a fine up to $4000. If you have one of these factors you may expect a Level two punishment which may include jail time from 7 days to 12 months and a fine up to $2000.
Aggravating factors in NC include: Driving with a BAC of .15 or more; reckless driving or accident; drivers license is revoked; prior convictions for DWI; speeding while trying to elude law enforcement; speeding 30 MPH over the speed limit; and passing a school bus illegally.
Mitigating factors in NC include: Slight impairment if test was unavailable; safe driving record; BAC was no above .09; No other traffic infractions at the time of the DWI; Impairment was because of legal medication; and if driver voluntarily went to mental health facility for assessment.
If there are no grossly aggravating factors in the case the judge will weigh aggravating versus mitigating factors to determine the appropriate sentencing. Obviously the more mitigating factors you have in your case the less the sentence is likely to be. There is no guarantee the judge will or will not reduce/maximize a sentence based on these factors but generally a judge will balance these factors in a DWI case.
