Penalties

North Carolina has varied levels of punishment for DWI convictions. The level that is applied to the offender is based on mitigating and aggravating factors. If there are no mitigating or aggravating factors then the offender faces Level Four penalties. The penalties then go up or down from Level Four based on the mitigating or aggravating factors.

• A Level One offender faces 30 days to 24 months in jail and fines up to $4,000
• A Level Two offender faces 7 days to 12 months in jail and fines up to $2,000
• A Level Three offender faces 72 hours to 6 months in jail and fines up to $1,000
• A Level Four offender faces 48 hours to 120 day in jail and fines up to $500
• A Level Five offender faces 24 hours to 60 days in jail and fines up to $200

Grossly Aggravating Factors

Grossly aggravating factors include:

• A child under the age of 16 was in the vehicle at the time of arrest
• Serious injury was caused to another person because of the impairment
• There was a previous DWI conviction within the last 7 years
• The offender’s driver’s license was revoked for a previous DWI at the time of the arrest

If two or more grossly aggravating factors apply then the judge will impose a Level One penalty. If one grossly aggravating factor applies then the judge will impose a Level Two penalty.

Mitigating and Aggravating Factors

Mitigating factors include:

• BAC of 0.09% or less
• A safe driving record
• The offender voluntarily enters a mental health facility and follows any recommended treatment plans following their arrest for DWI

Aggravating factors include:

• BAC of 0.16% or more at the time of arrest
• Reckless or dangerous driving at the time of arrest
• Causing an accident while impaired
• Driving with a revoked license when arrested
• Speeding or trying to flee at the time of arrest

If the aggravating factors outweigh the mitigating factors then the offender will be face Level Three penalties. If there are no mitigating or aggravating factors, or the mitigating factors substantially balance out the aggravating factors then the offender will face Level Four penalties. If the mitigating factors outweigh the aggravating factors then the offender will face Level Five penalties.

North Carolina is known for its tough DWI laws. North Carolina was the state that started the “Booze It and Lose It” campaign that many other states have since modeled their own anti-drinking and driving campaigns after.

This article is for informational purposes and does not constitute legal advice. Please contact an attorney in your local area for more information about North Carolina DWI Law.

Supporting Legal Site: North Carolina DWI Attorney Michael Driver. Serving all of North Carolina.