How Does Sentencing Work for DWI Law?

by | May 20, 2013 | DUI & DWI, Felony DUI

If you are convicted of a DWI in North Carolina, there are a variety of factors a judge may consider in determining the level of punishment DUI Attorneyis appropriate.  In North Carolina, DWI sentencing is complex due to the fact that multiple factors can be considered in different cases.  These factors are typically mitigating, aggravating, and grossly aggravating factors.  Grossly aggravating factors are the most serious, and will cause a heightened sentence with regard to DWI’s, and mitigating factors are those which acts to reduce the sentence.   A judge will generally weigh aggravating and mitigating factors when determining how long a sentence is going to be.

In North Carolina, grossly aggravating factors include the following:

  1. Serious injury to another person while DWI;
  2. Child under 16 years of age in the vehicle at the time of DWI;
  3. Charged with DWI while license is suspended for a previous DWI; and
  4. Convicted of a DWI within 7 years.

If your case involves three or more of these factors, you will be facing an Aggravated Level One Punishment.  This is the most severe, and at this level a defendant may be fined up to $10,000 and will be sentenced to prison for a minimum term of twelve months and a maximum term of thirty-six months.  However, it may be possible to receive a condition of special probation, suspending the imprisonment time but the defendant will still have to serve at least 120 days in prison.

Next, if your case involves any two of these factors you can expect a Level one punishment which includes jail time anywhere from thirty days to twenty four 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 seven days to twelve months and a fine up to $2000.

In North Carolina aggravating factors include the following:

  1. Driving with a BAC of .15 or more;
  2. Reckless driving or accident;
  3. Drivers license is revoked;
  4. Prior convictions for DWI;
  5. Speeding while trying to elude law enforcement;
  6. Speeding 30 MPH over the speed limit; and
  7. Passing a school bus illegally.

Mitigating factors in NC include the following:

  1. Slight impairment if test was unavailable;
  2. Safe driving record;
  3. BAC was no above .09;
  4. No other traffic infractions at the time of the DWI;
  5. Impairment was because of legal medication; and
  6. 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.