DWI Sentencing in North Carolina

What Happens After You Get Charged with DUI or DWI?

After getting arrested for a DWI, you’ll get a citation or summons that gives you your court date. This is the day you will appear in court to face your DWI charge. At this time you’ll likely have a million questions running through your head. Will I lose my license? If so, for how long? How much am I going to get fined? Will I go to jail?

Before going to court, you should know and understand the following:

What DWI sentencing factors work for and against your case
The penalties that come with a DWI if you are convicted
What your options are for minimizing them

Know your options, so you can be better prepared. Request your free consultation with one of our experienced DWI lawyers today. They’ll gladly walk you through each and every one of your options and explain DWI sentencing in North Carolina.

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NC DWI Sentencing Factors

In North Carolina, DWI sentencing depends on a variety of factors that determine the sentencing level a judge can impose. North Carolina’s laws for sentencing DWI offenders are in General Statute §20-179.

“…the judge shall hold a sentencing hearing to determine whether there are aggravating or mitigating factors that affect the sentence to be imposed.”

This statute establishes six tiers, or levels, of sentences. The judge determines your sentence level by considering three things. These are:

grossly aggravating factors
aggravating factors
mitigating factors

Aggravating and grossly aggravating factors will cause the court to go harder on you. Mitigating factors helps the court to be more lenient. A DWI attorney can help you identify which DWI sentencing factors apply to your individual case.

Mitigating Factors

Mitigating factors work in your favor and allow the judge to impose a lighter sentence.

Slight impairment and a blood alcohol level of .09 or less
Slight impairment on the basis of field sobriety tests in the absence of any blood chemical analysis. If you refused tests this factor is not considered.
Driving that was safe and lawful at the time of your arrest except for the impairment.
A safe driving record. This means no conviction for any traffic offense that incurs four points on your record. Or, no traffic offense which could result in having your license revoked within the last five years of the date of the current offense.
Impairment by a legally prescribed medication of which you took the prescribed dosage.
Voluntarily participating in an alcohol assessment program or treatment program before sentencing.
Completing a substance abuse assessment and completing the recommended treatment. As well as, 60 days of abstinence from alcohol as proven by a continuous alcohol monitoring ankle bracelet or CAM bracelet.
Any other factor that mitigates the seriousness of the offense. This is a critical area that varies from judge to judge.

Aggravating Factors

If grossly aggravating factors don’t exist, the judge must weigh the extent to which any aggravating factors apply to your case.

Gross impairment while driving or a blood alcohol level of .15 or higher.
Especially reckless or dangerous driving.
Negligent driving that led to a reportable accident.
Driving with a revoked license.
Two or more prior convictions for traffic offenses that incur at least 3 points on your record or which could result in a revoked license. Applicable if the offenses happened within five years of your DWI arrest. Or, you have a prior DWI more than 7 years before the date of your existing DWI arrest.
Speeding to evade DWI arrest.
Speeding more than 30 mph over the speed limit.
Passing a stopped school bus.
Any other factor that aggravates the seriousness of the offense. Every judge has a different internal standard of what event or circumstance falls into this category.

Grossly Aggravating Factors

A prior DWI conviction within 7 years of the date of the current DWI offense. Or, a DWI conviction after the date of the DWI offense in question. Each prior conviction is a separate grossly aggravating factor.
Driving with a revoked license as a result of an impaired driving offense.
Serious injury to another person as a result of your DWI.
DWI with a child under the age of 18 in the vehicle.

Learn More About DUI Sentencing From a North Carolina Attorney

If you have questions about DWI sentencing in North Carolina, do not hesitate to reach out to our team at McMinn, Fradin, Gray & Logan. Schedule your consultation today to begin protecting your rights.