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DWI / DUI Sentencing

The Criminal Defense Team of Hatch, Little & Bunn handles all North Carolina alcohol and drug related driving charges. This includes the charge of DWI / DUI.

If convicted of DWI, an individual may be sentenced within any of six levels. The appropriate level of sentencing is determined by the judge who weighs mitigating, aggravating, and grossly aggravating factors. Hatch, Little & Bunn’s Criminal Defense Team not only defends our clients against allegations of DWI, but also comprehensively insulates clients in the event of a conviction.

Levels 5, 4 and 3

Level 5 – If a judge finds that the mitigating factors substantially outweigh the aggravating factors, a defendant is sentenced at level 5. As a level 5 DWI offender, a defendant is exposed to 60 days in the Wake County Jail and a fine of $200. Jail may be avoided by way of probation, either supervised or unsupervised. However, if a defendant is placed on probation, a judge must order that the defendant serve a minimum of 24 hours in jail or complete a minimum of 24 hours of community service as a condition of probation. Additional fines and fees apply. A defendant may receive credit for time spent in inpatient treatment in a North Carolina facility. While a defendant’s drivers license will be suspended for a year, defendants sentenced a level 5 may be eligible for limited driving privileges to drive for work, education, and other purposes.

Level 4 – If a judge finds that the mitigating factors are balanced with the aggravating factors, a defendant is sentenced at level 4. As a level 4 DWI offender, a defendant is exposed to 120 days in the Wake County Jail and a fine of $500. Jail may be avoided by way of probation, either supervised or unsupervised. However, if a defendant is placed on probation, a judge must order that the defendant serve a minimum of 48 hours in jail or complete a minimum of 48 hours of community service as a condition of probation. Additional fines and fees apply. A defendant may receive credit for time spent in inpatient treatment in a North Carolina facility. While a defendant’s drivers license will be suspended for a year, defendants sentenced a level 4 may be eligible for limited driving privileges to drive for work, education, and other purposes.

Level 3 – If a judge finds that the aggravating factors substantially outweigh the mitigating factors, a defendant is sentenced at level 3. As a level 3 DWI offender, a defendant is exposed to 6 months in the Wake County Jail and a fine of $1,000. Jail may be avoided by way of probation, either supervised or unsupervised. However, if a defendant is placed on probation, a judge must order that the defendant serve a minimum of 72 hours in jail or complete a minimum of 72 hours of community service as a condition of probation. Additional fines and fees apply. A defendant may receive credit for time spent in inpatient treatment in a North Carolina facility. While a defendant’s drivers license will be suspended for a year, defendants sentenced a level 3 may be eligible for limited driving privileges to drive for work, education, and other purposes.

Levels 2, 1, and A1 (the presence of grossly aggravating factors)

Level 2 – If a judge finds the presence of a single grossly aggravating factor, regardless of any mitigating or regular aggravating factors, a defendant is sentenced at level 2. As a level 2 DWI offender, a defendant is exposed to 12 months in the Wake County Jail and a fine of $2,000. Any time spent in custody may be cut in half on account of good behavior. Jail may be avoided by way of probation. However, if a defendant is placed on probation, a judge generally must order that the defendant serve a minimum of 7 days in jail. In some cases, alternative punishments may be feasible. A defendant may receive credit for time spent in inpatient treatment in a facility operated or licensed by the State for the treatment of alcoholism or substance abuse.

Level 1 – If a judge finds the presence of two grossly aggravating factors, regardless of any mitigating or regular aggravating factors, a defendant is sentenced at level 1. As a level 1 DWI offender, a defendant is exposed to 24 months in the Wake County Jail and a fine of $4,000. Any time spent in custody may be cut in half on account of good behavior. Jail may be avoided by way of probation. However, if a defendant is placed on probation, a judge generally must order that the defendant serve a minimum of 30 days in jail. In some cases, alternative punishments may be feasible. A defendant may receive credit for time spent in inpatient treatment in a facility operated or licensed by the State for the treatment of alcoholism or substance abuse.

Aggravated Level 1 (A1) – If a judge finds the presence of three or more grossly aggravating factors, regardless of any mitigating or regular aggravating factors, a defendant is sentenced at aggravated level 1. As an aggravated level 1 DWI offender, a defendant is exposed to 36 months in the department of adult correction and a fine of $10,000. There is no reduction in sentence for good behavior. A person sentenced at this level is released four months prior to the end of their sentence and place on four months of postrelease supervision (parole). As a condition of postrelease supervision, a defendant must wear a continuous alcohol monitor for a period of four months. Prolonged confinement may be avoided by way of probation. However, if a defendant is placed on probation, a judge generally must order that the defendant serve a minimum of 120 days in jail. In some cases, alternative punishments may be feasible.

Mitigating factors include but are not limited to:

Slight impairment of the defendant’s faculties resulting solely from alcohol, and an alcohol concentration that did not exceed 0.09 at any relevant time after the driving. Driving at the time of the offense that was safe and lawful except for the impairment of the defendant’s faculties.

A safe driving record, with the defendant’s having no conviction for any motor vehicle offense for which at least four points are assigned under G.S. 20-16 or for which the person’s license is subject to revocation within five years of the date of the offense for which the defendant is being sentenced.

Impairment of the defendant’s faculties was caused primarily by a lawfully prescribed drug for an existing medical condition, and the amount of the drug taken was within the prescribed dosage.

The defendant’s voluntary submission to a mental health facility for assessment after he was charged with the impaired driving offense for which he is being sentenced, and, if recommended by the facility, his voluntary participation in the recommended treatment.

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.

Aggravating factors include but are not limited to:

  • Gross impairment of the defendant’s faculties while driving.
  • An alcohol concentration of 0.15 or more within a relevant time after the driving.
  • Especially reckless or dangerous driving.
  • Negligent driving that led to a reportable accident.
  • Driving by the defendant while his driver’s license was revoked (but not for an impaired driving offense).
  • The defendant has a prior conviction for DWI outside of the last seven years.

Grossly aggravating factors include but are not limited to:

  • The defendant has a prior conviction for DWI within the last seven years.
  • Driving by the defendant at the time of the offense while his or her driver’s license was revoked for an impaired driving revocation.
  • Serious injury to another person caused by the defendant’s impaired driving at the time of the offense.
  • Driving by the defendant while a child under the age of 18 years was in the vehicle at the time of the offense.

Contact our dedicated North Carolina DWI attorneys for a free initial consultation

The Criminal Defense Team of Hatch, Little & Bunn. LLP defends clients in DWI cases and other criminal defense matters throughout North Carolina. Please call 919-714-4306 or contact us online to schedule a free initial consultation at our Raleigh office.

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