What is the Maximum Sentence for a DWI Conviction in North Carolina?

WHAT IS THE MAXIMUM SENTENCE FOR A DWI CONVICTION IN NORTH CAROLINA?

“Sentencing for DWI offenses are arranged in six different levels as outlined in §20-179 of the North Carolina General Statutes.”

Welch and Harris, LLP

What is the Maximum Sentence For a DWI Conviction in North Carolina? www.welchharris.com 2

North Carolina has a wide range of potential penalties for driving while

intoxicated (DWI). Sentencing for DWI offenses are arranged in six different

levels as outlined in §20-179 of the North Carolina General Statutes. If you are

found guilty of driving while intoxicated, the judge will determine the appropriate

punishment level by using several factors. If the judge finds three or more

grossly aggravating factors, you could receive the maximum sentence for a DWI

in North Carolina.


SENTENCING FACTORS FOR A NORTH CAROLINA DWI CONVICTION

Sentencing factors are divided into three categories: grossly aggravating factors,

aggravating factors and mitigating factors. At the sentencing hearing, the

prosecutor must prove aggravating factors beyond a reasonable doubt. The

State will attempt to prove

as many aggravating

factors as possible to

achieve the most severe

sentence for the DWI

conviction.

On the other hand, a

defendant only needs to

prove mitigating factors by

a preponderance of the

evidence, which is a much lower standard of proof. Mitigating factors work to

decrease the severity of the punishment. It is important to retain an

experienced DWI attorney who is familiar with all of the factors used in the

sentencing face of a DWI conviction. In many cases, an experienced criminal

defense attorney is able to find weaknesses in the State’s aggravating factors. If

the defense can successfully attack the State’s aggravating factors, the sentence

for the DWI conviction will be reduced.


The four grossly aggravating factors used to determine the sentence for a

DWI conviction are:

A prior DWI conviction that occurred within seven years of the current

offense, a prior DWI conviction after the date of the current offense or a

DWI conviction that was appealed and remanded or withdrawn.

The defendant’s driver’s license was revoked for impaired driving at the

time of the offense.

Serious injury to another party.

A minor under 18 years old, a person with the mental capacity of a minor

under 18 years old or a physically disabled person who cannot get in and

out of the vehicle without assistance was a passenger in the vehicle at the

time of the offense.


The eight aggravating factors used to determine the sentence for a DWI

conviction are (including one catchall factor):

Gross impairment of the defendant’s faculties or an alcohol concentration

of 0.15 or higher.

Dangerous or reckless

driving.

Negligent driving that

led to an accident.

Driving with a revoked

driver’s license.

Two or more prior

convictions for a three-

point motor vehicle offense within five years or one or more prior

convictions for impaired driving within seven years.

Conviction of a speeding charge while attempting to flee or elude

apprehension.

Conviction for speeding in excess of 30 miles per hour over the legal speed

limit.

Passing a stopped school bus.

Any other factor that aggravates the seriousness of the offense.

The seven mitigating factors used in DWI sentencing are (including one

catchall factor):

Slight impairment of the driver’s faculties or a blood alcohol concentration

of 0.09 or below.


Slight impairment of the driver’s faculties resulting solely from alcohol with

no chemical analysis.

Safe and lawful driving at the time of the offense.

A safe driving record.

Impairment of the

driver’s faculties caused

by a lawfully prescribed

drug for an existing

medical condition and

the driver did not take

a dose in excess of the

prescribed dosage.

Voluntary submission to

a mental health facility

for assessment after the DWI charge and voluntary participation in a

recommended treatment plan. Completion of a substance abuse

assessment, compliance with its recommendations, and simultaneously

maintaining 60 days of continuous abstinence from alcohol consumption,

as proven by a continuous alcohol monitoring system.

Any other factor that mitigates the seriousness of the offense.


MAXIMUM SENTENCE FOR A DWI CONVICTION

Aggravated Level One is the most severe level of punishment for a DWI

conviction in North Carolina. In order to be sentenced under this level, the judge

must find that the State proved that three or more grossly aggravating factors

were present at the time of the DWI offense. If convicted under Aggravated

Level One, the sentence will include a fine of up to $10,000 and a minimum jail

sentence of 12 to 36 months in jail with no possibility of parole. The judge may

reduce the prison term to a minimum of 120 days only if probation is imposed

requiring the defendant to abstain from alcohol for at least 120 days and

undergo a

substance abuse

assessment,

treatment

and/or

education

problem.

If you have one

or more grossly

aggravating

factors, it is

likely you will serve some jail time and pay a large fine. You should contact our

office immediately to schedule a free consultation with one of our DWI attorneys.

Having as much time as possible to mount a defense is in your best interest

when facing a DWI charge in North Carolina.


CONTACT AN EXPERIENCED JACKSONVILLE DWI ATTORNEY

“ATTORNEYS WHO AGGRESSIVELY PROTECT YOUR RIGHTS”

Welch and Harris, LLP is a full service Jacksonville Criminal and Civil law firm that

is committed to providing results-driven legal representation to businesses and

individuals seeking an alternative to large-firm representation. We focus on

getting you the results you want while offering you a cost-effective solution to

your legal needs. We understand that we work for our clients; therefore; our

attorneys communicate regularly with each client to ensure that the client knows

what is going with the case.

When you have legal problems, you need an experienced legal professional in

your corner. No matter the case, you should have an attorney working for you

who knows the law and who has the experience to get results. We represent

clients throughout Duplin County, Onslow County and the surrounding

communities. Call our office at (910) 347-0161or contact us online today for a

free case evaluation.

http://www.welchharris.com/Contact-Us.aspx


About Welch and Harris, LLP

Jacksonville, North Carolina Criminal Defense, Civil Litigation, Family Law and Admiralty

At Welch and Harris, LLP, our team is committed to help you with your legal needs. This means that we thoroughly investigate your case and zealously represent your interests. We are goal-oriented and will focus on getting you the results you want, while at the same time offering a cost-effective and efficient solution to your legal needs. We also understand that an attorney works for their client, so we strive to ensure that our clients are in touch with their attorney and always know what is going on with their case. With Welch and Harris, LLP, you can count on personal attention from our legal team.

We know that there is never a convenient time to have to deal with a court case or other legal problem. Because of this, we will make every effort to minimize the impact your case will have on your daily life. We offer flexible payment options for both legal fees and court expenses, and because it can also cost you time and money to take off from work or school to attend court, we will do everything we can to meet with you at your convenience and help you avoid setting foot in a courtroom.

Every case is different, and every case is important. If you or somebody you care about has a legal problem, call us today and find out the difference that strong, knowledgeable, and personal legal representation can make! Our office is strategically located across the street from the courthouse in Jacksonville on the coast between the ports of Wilmington and Morehead City and within easy reach of the various commercial and recreational fishing communities and beaches of eastern North Carolina. We are also located proximate to Camp Lejeune, Camp Johnson, and the New River Air Station, and as a “military friendly” business, we are proud to be able to serve the particular needs of the armed forces community.

636 Court Street Jacksonville, 28540

Phone: 910.347.0161 Website: www.welchharris.com

http://www.welchharris.com/