DWI penalties in NC are determined based on many different factors. Below we will outline those factors and how the length of punishment is determined. 

How are DWI Penalties Determined in NC DWI:

Grossly aggravating factors:

• Prior DWI conviction within 7 Years
• DWI while license is suspended for a previous DWI
• Serious injury to another person as a result of the DWI
• Child under 18 or mentally challenged person in vehicle at the time of the DWI

Aggravating factors:

• Blood Alcohol Level of .15 or Above
• Reckless Driving / Accident
• Driver License Revoked
• Prior Convictions for DWI
• Speeding While Attempting to Elude Officers
• Speeding 30 MPH Over the Legal Limit
• Passing A School Bus Illegally

Mitigating factors:

• Slight Impairment and blood test was unavailable
• Prior safe driving record
• Blood alcohol concentration was not greater than 0.09%
• Otherwise driving lawfully at time of DWI
• Impairment caused by prescribed dosage of legal medication
• Voluntary submission to mental health facility for assessment

Calculation of Sentence:

• If there are three or more grossly aggravating factors, aggravated level 1 sentencing will be applied.
• If there are two grossly aggravating factors or if minor child less than 18 years old is in vehicle, level 1 sentencing will be applied.
• When there is one grossly aggravating factor, level 2 sentencing will be applied.
• If the aggravating factors substantially outweigh the mitigating factors, level 3 sentencing will be applied.
• When the aggravating factors and mitigating factors substantially counterbalance, level 4 sentencing will be applied.
• If the mitigating factors substantially outweigh the aggravating factors, level 5 sentencing will be applied.

Aggravated Level One Punishment

• Jail – 1 to 3 years (no parole without extenuating circumstances)
• Fine – up to $10,000.00

Level One Punishment

• Jail – From 30 Days to 24 Months
• Fine – Up to $4,000

Level Two Punishment

• Jail – 7 Days to 12 Months
• Fine – Up to $2,000

Level Three Punishment

• Jail – 72 hours to 6 months (community service option)
• Fine – Up to $1,000.00

Level Four Punishment

• Jail – 48 hours to 120 days (community service option)
• Fine – Up to $500.00

Level Five Punishment

• Jail – 24 hours to 60 days (community service option)
• Fine – Up to $200.00

Probabtion

If the defendant is placed on probation, the judge shall impose a requirement that the defendant obtain a substance abuse assessment and the education or treatment required by G.S. 20‑17.6 for the restoration of a drivers license and as a condition of probation. The judge may impose any other lawful condition of probation.