In the state of North Carolina, when a person receives a DWI, it can be broken down into five different levels. However, what most people do not understand is that there can technically be 10 levels. For each Level you are convicted at, there could be an aggravated factor that would title your conviction as such.
Under the North Carolina state statute, if you receive a DWI and are convicted at the lowest level, meaning Level 1, then your penalties are as follows:
First, you will have you license immediately suspended for 30 days. You may have the possibility of obtaining a ” limited driving privilege” after 10 days of your suspension. The Limited Driving Privilege will allow you to drive to and from work, usually on an 8:00 a.m. to 5:00 p.m. schedule unless you can prove by authorization by your employer that you work different hours.
Secondly, a Level 1 DWI could yield in a fine up to a whopping $4,000 dollars, depending on what your BAC level was and the severity of your particular situation.
Lastly, under a Level 1 DWI conviction, a judge could determine that you have to spend anywhere between 30 days to 24 months in jail. It is then up to the judge to decide if he wants to give you 10 days under probation, using an alcohol monitoring system.
However, if you are found to be guilty of an “Aggravated Level 1″ your sentence and penalties will vary from the aforementioned.
You will still have your license immediately suspended for 30 days, and still may be eligible for a limited driving privilege.
However, your jail sentence time at minimum would be 12 months, and at maximum, 36 months in prison. The judge may decide to give you 120 days probation, with the same alcohol monitoring system mentioned in Level 1.
So this is different from a regular Level 1, where your jail time could be as short as 30 days, if that.
Moreover, if convicted of an “Aggravated Level 1,” then you will be monitored and require to abstain from any alcohol for at least four months after being released from prison. Thereafter, you may also have to enroll in a substance abuse class for an undisclosed period of time.
