How are 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.
• If 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.
• If 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

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.