| If a driver is convicted of a DWI under North Carolina's | | | | For instance, if there was a mitigating factor, the judge |
| drunk driving statute, the driver is eligible for one of five | | | | may also find an aggravating factor, so that they are |
| levels of punishment. Level Five (5) is the most lenient, | | | | roughly equal. |
| least serious level. Level One (1) is the most serious, | | | | Punishment for a Level 4 DWI conviction involves a |
| worst level. Note that there are other laws - including | | | | fine of up to $500 and imprisonment for between 48 |
| Habitual DWI - which may impose even harsher | | | | hours and 120 days. If sentence is suspended, the |
| penalties. Those are not covered in this article. | | | | judge must impose any combination of 1) imprisonment |
| This article was written by a Raleigh DWI lawyer | | | | for 48 hours, 2) 48 hours of community service to be |
| about the misdemeanor sentencing scheme under | | | | completed within 30 days, or 3) a requirement that the |
| North Carolina's Driving While Impaired (DWI) laws. | | | | driver not operate a motor vehicle for at least a term |
| While North Carolina's misdemeanor laws generally | | | | of 60 days. |
| follow a structured sentencing scheme, the DWI law | | | | Level 3 is more severe than Level 4. In order to find a |
| handles sentencing differently. | | | | Level 4, the judge must find that there were no |
| Therefore you should find a DWI lawyer Raleigh who | | | | grossly aggravating factors, and that aggravating |
| understands how sentencing works under the DWI | | | | factors substantially outweigh mitigating factors. |
| statute in order to put your best case forward. Levels | | | | Punishment for a Level 3 DWI conviction involves a |
| are determined following conviction or can be set as | | | | fine of up to $1,000 and imprisonent for between 72 |
| part of a plea agreement. Ultimately the judge has the | | | | hours at 6 months. If the sentence is suspended, the |
| authority to accept or reject a plea agreement, | | | | judge must impose any combination of 1) imprisonment |
| although if the judge rejects the plea agreement, the | | | | for 72 hours, 2) 72 hours of community service to be |
| defendant can withdraw his plea and try either the | | | | done within 90 days of sentencing, or 3) a requirement |
| case or hope for a continuance to present the plea | | | | that the driver not operate a vehicle for at least 90 |
| offer in front of a different judge. | | | | days. |
| Level 5 is the least severe level. In order to find a | | | | Level 2 is more severe than Level 3. In order to find a |
| Level 5, the judge must find that there were no grossly | | | | Level 2, the judge must find that there was one |
| aggravating factors, and that the mitigating factors | | | | grossly aggravating factor. The judge will not weigh |
| substantially outweigh the aggravating factors. | | | | aggravating and mitigating factors. |
| Punishment for a Level 5 DWI conviction involves a | | | | Punishment for a Level 2 DWI conviction involves a |
| fine of up to $200 (in addition to court costs), and | | | | fine of up to $2,000 and imprisonment for 7 days to 12 |
| imprisonment for between 24 hours and 60 days. If | | | | months. If the sentence is suspended, the judge must |
| the sentence is suspended, then judge must impose | | | | impose an active term of 7 days in jail. |
| any combination of 1) an imprisonment for 24 hours, 2) | | | | Level 1 is the most severe misdemeanor DWI level. If a |
| 24 hours of community service to be completed within | | | | judge finds two or more grossly aggravating factors, |
| 30 days of the sentencing, or a 3) a requirement that | | | | the judge will sentence the driver to a Level 1 |
| the driver not operate a motor vehicle for at least 30 | | | | punishment. Punishment for a Level 1 DWI conviction |
| days. | | | | involves a fine of up to $4,000 and imprisonment for |
| Level 4 is someone more severe than Level 5. In | | | | between 30 days at 24 months. If the judge suspends |
| order to find a Level 4, the judge must find that there | | | | the sentence, the driver will be jailed for at least 30 |
| were no grossly aggravating factors, and that any | | | | days. |
| mitigating factors are balanced by aggravating factors. | | | | |