North carolina dwi law penalty sentencing

Regardless of the exact nature of the allegations against you, the consequences of a DWI conviction are serious.

Jail Time and Fines for North Carolina DWI Convictions

It is important to review how these cases work and consult with an experienced North Carolina DWI lawyer about your legal options. While most drunk driving offenses are treated as misdemeanors, there are two key exceptions where felony charges apply:.

Misdemeanor DWI charges are quite serious under North Carolina law, but even more severe if you are facing felony charges. Considering the harsh penalties, you need an experienced drunk driving attorney to represent your interests.

Please contact the Raleigh, NC law firm of Tarlton Polk right away to schedule a consultation regarding your case. We can work with you to develop a defense strategy that ensures the best possible outcome under the law.

Cases We Handle

For a first offense, a suspended license for 12 months. The active sentence may be suspended if the defendant serves a term of 48 hours in jail as a condition of probation or completes at least 48 hours of community service. If probation supervised or unsupervised is imposed, the defendant will be required to complete a substance abuse assessment and complete the recommended treatment or education and comply with any other condition of probation the judge should impose.

A Level 3 DWI sentence is imposed if there are no grossly aggravating factors present and the aggravating factors substantially outweigh any mitigating factors. The active sentence may be suspended if the defendant serves a term of 72 hours in jail as a condition of probation or completes at least 72 hours of community service.


  • Level 4 DWI Punishment:;
  • North Carolina DWI DUI Penalties?
  • death records illinois 1880 s.
  • sound track for o brother where art thou.
  • First Offense:.
  • NC DWI Penalties.
  • DUI/DWI Laws in North Carolina | asclaracclices.ml.

If probation is imposed, the defendant will be required to complete a substance abuse assessment and complete the recommended treatment or education and comply with any other condition of probation the judge should impose. A Level 2 DWI sentence is imposed if there are no minor children under 18 in the vehicle and grossly aggravating factors present and the aggravating factors substantially outweigh any mitigating factors. The active sentence may be suspended only if the defendant serves a minimum term of 7 days of imprisonment as a condition of probation or if the individual is ordered to abstain from consuming alcohol for at least 90 consecutive days, as verified by a continuous alcohol monitoring CAM system.

Up to 60 days of pretrial credit may be granted against the day requirement, for voluntarily alcohol monitoring preformed prior to entry of the judgment.

Looking For Bail Bond Solutions?

IF the defendant is subject to Level 2 DWI punishment as a result of a prior DWI conviction or driving on a revoked license as result of a prior DWI conviction, AND the conviction for a prior offense of impaired driving occurred within 5 years before the date of offense of which the defendant is being sentenced and the judge suspends all active terms of imprisonment and imposes abstention from alcohol as verified by a CAM system, then the judge MUST also impose as an additional condition of special probation that the defendant must complete hours of community service. IF probation is imposed, the probation will include the requirement that the defendant submit to a substance abuse assessment and comply with recommended treatment or education.

Probation may also include a requirement of abstaining from alcohol, monitored by a CAM system, for anywhere between a minimum of 30 days up to the maximum of the term of probation, along with any other conditions of probation the judge should choose to impose. A Level 1 DWI sentence is imposed if either the defendant was accompanied by a minor child under 18 at the time of the offense, or any 2 of the grossly aggravating factors are present.

North Carolina Drunk Driving Laws & Penalties

The active sentence may be suspended only if the defendant serves a minimum term of 30 days of imprisonment as a condition of probation. However, a judge may reduce the minimum term of imprisonment required to a term of not less than 10 days if a condition of special probation is imposed to require that the individual abstain from consuming alcohol for at least consecutive days, as verified by a continuous alcohol monitoring CAM system.

NC DWI Sentencing Mitigation - Interlocks and Other Interventions

If probation is imposed, the probation will include the requirement that the defendant submit to a substance abuse assessment and comply with recommended treatment or education. The active sentence may be suspended if the defendant serves a term of at least in jail as a special condition of probation. If probation is imposed, it must include the condition that the defendant abstain from alcohol for at least days and undergo a substance abuse assessment and comply with any related treatment or education. Below is a description of a possible punishments for each level: Level 5 DWI Punishment: This is the least severe punishment where there are no aggravating or mitigating factors, or the mitigating factors substantially outweigh any aggravating factors.


  • search for clear car title?
  • The definition and consequences of driving while impaired in North Carolina.;
  • back ground information on robert gagne.

Level 4 DWI Punishment: A Level 4 DWI sentence is imposed if there are no aggravating or mitigating factors present, or the aggravating factors are substantially counterbalanced by any mitigating factors. Level 3 DWI Punishment: A Level 3 DWI sentence is imposed if there are no grossly aggravating factors present and the aggravating factors substantially outweigh any mitigating factors.

North Carolina Drunk Driving / DWI Laws & Penalties

Level 2 DWI Punishment: A Level 2 DWI sentence is imposed if there are no minor children under 18 in the vehicle and grossly aggravating factors present and the aggravating factors substantially outweigh any mitigating factors. Level 1 DWI Punishment: A Level 1 DWI sentence is imposed if either the defendant was accompanied by a minor child under 18 at the time of the offense, or any 2 of the grossly aggravating factors are present. BAC of 0. Reckless or Dangerous Driving The conviction occurs after the date of offense for which the defendant is presently being sentenced, but prior to or contemporaneously with the present sentencing; or A safe driving record, with the defendant having no convictions for any motor vehicle offense for which at least 4 points are assigned under N.

Negligent Driving that Led to a Reportable Accident The conviction occurred in District Court; the case was appealed to Superior Court; the appeal has not been withdrawn, or the case has been remanded back to District Court; and a new sentencing hearing has not been held pursuant to N.

admin