What Does a North Carolina Driving While Impaired (DWI) Conviction Mean for Me? — iTicket.law
iTicket — North Carolina’s Traffic Ticket Defense Resource
There are now 6 levels of DWI sentencing in North Carolina since Laura’s Law was enacted in 2011 introducing the most severe mandatory sentencing for aggravated level one sentences. Level 2, Level 1, and Level A1 sentences require minimum jail time and will be imposed if the state is able to show the presence of 1, 2, or 3+ grossly aggravating factors respectively.
Grossly Aggravating Factors Include:
- License Revoked for Impaired Driving
- Serious Injury to Another Person
- Prior DWI Conviction Within 7 Years
- Child <18 in Car (Automatic Level 1)
Some mandatory jail time on Driving While Impaired convictions can be avoided through credit for time spent in a qualifying inpatient treatment facility and/or a term of submission to a continuous alcohol monitoring (CAM) system ankle bracelet.
If no grossly aggravating factors are found to be present by the court, Level 3, 4, or 5 will be imposed by the court none of which carry mandatory terms of imprisonment. The state will present statutory and non-statutory aggravating factors and the defense will prevent statutory and non-statutory mitigating factors. If the court finds the mitigators outweigh the aggravators Level 5 will be imposed. Level 3 will be imposed if the aggravators outweigh the mitigators and Level 4 will be imposed if they are equal.
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