Recently you may have been charged with DWI in North Carolina. What Are the DWI Sentencing Levels in North Carolina? From the Atlantic coastline of the Outer Banks to the Blue Ridge Mountains of North Carolina, under the law, DWI sentencing is treated the same. In North Carolina, a defendant convicted of a misdemeanor faces up to 150 days in jail. Level Two DWI – Seven days to one year in jail, and fines reaching $2,000. In this way, NC's DWI statute differs from other misdemeanors which use North Carolina's Structured Sentencing system. DWI (Levels 1-2) 8,269 DWI (Levels 3-5) 23,380 DWI (aid and abet) 10 Driving after consuming under age 21 2,053 DWI (commercial vehicle) 25 Habitual DWI* 236 TOTAL 33,973 * Certificates of Completion (DMH-508-R) are not required for these cases. Also known as an Aggravated Level One, this sentence requires the judge to order imprisonment of 12 months minimum to 36 months maximum. North Carolina DWI Levels. Aggravated Level 1 was added to the DWI sentencing structure in 2011, and is the sentencing level required for a defendant convicted of DWI if three or more grossly aggravating factors apply. Fine up to $200. As shown in the figures below, a majority of DWI offenders were sentenced in Level 5 From the Atlantic coastline of the Outer Banks to the Blue Ridge Mountains of North Carolina, under the law, DWI sentencing is treated the same. Level I and II impaired drivers are repeat offenders, persons driving impaired with a revoked driver’s license, drivers carrying a minor child passenger, and drivers who injure someone in a DWI accident. But the gist of it is, if you’ve got 3 or more grossly aggravating factors, you’re looking at a year in jail and a $10,000 fine. 07%, which is to say 08% is considered Driving While Impaired. • Up to a $200 fine. The DWI Assessment determines the level of treatment you will be required to complete in order to reinstate your full driving privilege. 04% BAC or higher, you will be charged with a DWI. 08 or higher. Top 3 Questions About Level A1 DWI Sentences. 08% or greater. Depending on the level of punishment, a first-time offender may face a jail sentence and fines, in addition to a license suspension for one North Carolina uses a complicated system of levels in determining the severity of penalties for a DWI conviction. This is outlined in the North Carolina General Statutes (N. Under North Carolina DWI law, you may not test over . -138. Probation is also a possibility. There is also something called Habitual DWI in North Carolina, which is also a serious felony charge. It is important to have an experienced attorney on your side that can advise you properly. • Immediate license suspension for 30 days, with the possibility of limited driving privileges after 10 days. G. The first, and most serious category contains level 1A, 1, and 2 and the less serious category contains levels 3, 4, and 5. If you are convicted of a level 5 offense, you could be sentenced to 60 days in jail (though this can be waived in lieu of community service). You were likely given either a blood or, breath, which may have shown that your blood alcohol content (BAC) was over the legal limit. 6 DWI Levels in North Carolina 1. 08 percent. Drivers under 21 are legally drunk when their blood alcohol level is . Once all the factors are considered, the Judge will impose one of the following Levels of Punishment. Circumstantial DWI Laws in North Carolina . Level 5 DWI normally requires 24 hours of community service. In this episode we discuss in detail the six sentence levels used in misdemeanor DWI sentencing in NC and the specific courtroom/criminal consequences of each sentence level. C. the scale includes five levels of misdemeanor dwi—level i being the most and level v the least serious. There are a minimum number of contact hours, time in group or class, and minimum lengths of time a person must be involved for DWI and <21 driving after consuming convictions. The State of North Carolina takes these charges very seriously. An Aggravated Level 1 sentence must include a minimum term of at least 12 months and a maximum term of not more than 36 months. DWI sentencing levels in North Carolina – In North Carolina, DWI sentencing is governed by N. In North Carolina, DWI convictions are punished on a sliding scale. DWI BAC Alcohol Level/Limit in North Carolina. Below is an overview of the levels of punishment you can expect with this conviction. Additionally, the legal limit for commercial drivers is a BAC of 0. Presently, after a conviction of felony habitual DWI in North Carolina there is no administrative or court process to obtain a valid driver’s license. Sentencing as an Aggravated Level 1 DWI offender in North Carolina, as established under Laura’s Law, has important distinguishing aspects from habitual impaired driving, which is a felony criminal charge. 04%, for under 21 years old is any concentration level while a prior driving while impaired is 0. Sentencing Procedures for DWI in North Carolina Penalties for Driving While Impaired (DWI) in North Carolina. In general, level 3, 4, and 5 DWI charges Levels of NC Misdemeanor DWI. North Carolina DWI law states that it is unlawful for any person to operate or attempt to drive a motorized vehicle in the state of North Carolina while under the influence of alcohol, drugs, intoxicants or any combination thereof with a blood alcohol concentration level of . These levels range from Level 5 being the least severe punishment to an Aggravated Level 1 (or A1) being the most severe punishment. During FY 2018, sentences for 28,614 DWI convictions were imposed. If you have been charged with DWI in North Carolina or DUI in South Carolina, contact us. In North Carolina, there are various laws with regard to driving while intoxicated (DWI) infractions. North Carolina’s DWI laws get considerably harsher with previous convictions, or other aggravating circumstances and factors added to your charge. The most serious level of misdemeanor DWI is Aggravated Level One, which I generally refer to as Level A1. The scale includes five levels of misdemeanor DWI—level I being the most and level V the least serious. For a person aged at least 21 years the legally impaired level is 0. The charts below depict the sentencing laws for offenses committed on the following dates: On or after October 1, 2013; On or after December 1, 2012, but before October 1, 2013; There are instances when impaired driving may be considered a “predicate offense” for certain felony charges. DWI and Substance Abuse Treatment Levels. The Factors Affecting DWI Levels in North Carolina Grossly Aggravating Factors. Under this level of offense the license ID is suspended for 1 The penalties in North Carolina depends on whether a person has been charged before and whether the person cooperates with the BAC regulations. Level 5 - If a judge finds that the mitigating factors substantially outweigh the aggravating factors, a defendant is sentenced at level 5. What Are the DWI Sentencing Levels in North Carolina? Level 1: 1 month – 2 years of jail time with a fine of up to $4,000. A level A1 DWI is a misdemeanor charge that does not result in the same level of revocation or suspension of a North Carolina Driver’s License. Driving While Impaired (DWI) has its own special sentencing rules, which are discussed below. Penalties for Driving While Impaired (DWI) in North Carolina. . G. The following levels of treatment are recommended by the North Carolina Department of Health and Human Services. For each offense, the penalties OBX DWI LAWYERSrange from the least severe (Level 5) to the most severe (misdemeanor Level A1 or Felony Habitual DWI). North Carolina backs up its DWI laws with a variety of penalties, administrative and criminal. 04 or above. Penalties for DWI in North Carolina depend on the number of previous convictions, the number of aggravating factors, and many other factors. For levels three through five, treatment for alcohol abuse will most likely be required. Commercial drivers, . This article helps explain DWI sentencing. Which level you are charged with depends not only on your prior convictions but also the circumstances surrounding your current charge, if there From the Atlantic coastline of the Outer Banks to the Blue Ridge Mountains of North Carolina, under the law, DWI sentencing is treated the same. Learning about North Carolina’s different levels of DWI can help you approach your defense with more confidence. The sentencing guidelines are quite complex and based on different “levels” of DWI charges. You can reach us at 980-272-8438 at our office in Uptown Charlotte. A limited driving privilege is issued in the discretion of the Court authorizing a person with a revoked driver’s license to drive for essential purposes related to Level 1 Punishments. DWI’s are charged as Level 1-5, with Level 5 DWI indicating a 1st offense, low BAC, no accident, no aggravating circumstances, and Level 1 being the harshest (see penalties, below). Habitual, felony DWI in North Carolina is different from misdemeanor DWI charges and sentencing consistent with N. Highlights: Review in detail the sentencing structure utilized by judges in misdemeanor sentencing hearings In North Carolina, DWI sentencing is broken into six levels. When sentencing a DWI Defendant, the judge evaluates, beyond a reasonable doubt, whether any Grossly Aggravating, Aggravating, or Mitigating Factors are present. The fines may range from $200 to $4,000, whereas the maximum jail sentence is currently set at 24 months. As a level 5 DWI offender, a defendant is exposed to 60 days in the Wake County Jail and a fine of $200. (Your judge might suspend your sentence to 24 hours of imprisonment or 24 hours of community service as part of probation. Levels of Punishment for DWI in NC. Drivers of commercial vehicles are legally drunk when their blood alcohol concentration is . The state’s DWI laws are chiefly governed by the North Carolina General Statute Sect. Level 5 entails a jail sentence of 24 hours to 60 days and a maximum fine of $200. If you are under the age of 21 and your BAC is 0. 20-179. North Carolina has 6 sentencing levels for DWIs, ranging from Level 5, the least severe, to Level 1 Aggravated, the most severe. 5 of the North Carolina General Statutes (N. You need an attorney. North Carolina DWI offenses fall into six levels. The most significant aspects of the state's new DWI law make punishment more severe for the impaired driver in general and the repeat offender in particular. North Carolina DWI penalties are based on what "level" "of DWI you are charged with. To determine what level, and therefore what category the DWI is, we first look to see if one or more grossly aggravating factors are present. A fine of not more than $4,000. ) 20-179. 2 Under G. 04. Once a driver is found criminally guilty of a DWI, they attend a sentencing hearing where the judge determines which level offense they have committed, ranging from level 5, the least serious, to level 1. There are five levels of DWI in North Carolina, with Level 1 being the most serious. The article covers the penalties for a first-offense DUI. Level A1, Level 1, and Level 2 offenses preclude obtaining a driver license, including a Limited Driving Privilege. The judge may accept any evidence as to the presence or absence of previous convictions that the judge finds reliable but shall give prima facie effect to convictions recorded by the Division or any other agency of the State of North Carolina. Consider setting up a consultation with a DWI lawyer at Gilles Law, PLLC. First, with regard to driving privileges, if an offender registers a . Level Three DWI – 72 hours to six months in jail, and fines reaching $1,000. Drivers 21 years of age and older, . At any level, you may be required to participate in a state-approved substance abuse program; in some cases community service may be substituted for jail time. Immediate License suspension for 30 days. North Carolina Blood Alcohol Level. § 20-179(F3) In North Carolina, all DWI convictions are sentenced according to the following levels: Aggravated Level One Punishment is one of the most severe punishments for DWI offenses in North Carolina. Although a DWI is a misdemeanor charge, it does not follow the misdemeanor sentencing guidelines. Different DWI Levels in Charlotte, NC. A DWI assessment is required for everyone who is charged with a Driving While Impaired offense in the state of North Carolina. the article covers the penalties for a first offense dui. If defendants had a BAC over 0. AGGRAVATED LEVEL ONE DWI PUNISHMENT: N. In general, level 3, 4, and 5 DWI charges Levels of Punishment for DWI in NC. The judge alone decides into which category a DWI charge falls. We are here to assist with your inquiries. In North Carolina, it is illegal to drive a vehicle while noticeably impaired or with an alcohol concentration of 0. Punishment for level 1 DUI convictions include: 30 days to two years in jail. 08%, commercial drivers is 0. Level 1 is the most serious; level 5 is the least serious. North Carolina's Driving While Impaired (DWI) statute defines the standard DWI as a misdemeanor, but uses its own, somewhat complicated, system to determine sentencing level. In North Carolina, there are five levels of misdemeanor DWI, where Level I is the most serious and Level V is the least. The DWI professional recommends treatment based on the severity of the DWI and the client’s substance abuse history uncovered during the assessment. Sentencing Procedures for DWI in North Carolina Section 20. 04 percent or greater. For all of these levels, it is likely that a DWI assessment and attendance at a DWI School will be required. NC DWI Penalties and Sentencing Levels. From the Atlantic coastline of the Outer Banks to the Blue Ridge Mountains of North Carolina, under the law, DWI sentencing is treated the same. NC DWI convictions are subject to a complex, multi-level sentencing scheme, rather than the traditional approach taken in other states where penalties are simply enhanced for multiple offenders within a certain time frame (usually 5, 7, or 10 years) North carolina is known as one of the toughest states on dwi offenders. 20-16. Motorists convicted of a first DUI offense in NC for driving with a BAC of Except as modified by this section, the procedure in G. 04%. BAC, or blood alcohol content, is defined as the amount of unabsorbed alcohol in your bloodstream. They increase in severity from Level 5 up to Aggravated Level 1. The current levels range from Aggravated Level 1 (worst level) to Level 5 (best level). When it comes time for punishment, North Carolina is a leader of the pack, having some of the most complicated DWI penalties in the country. North Carolina DWI Laws and Penalties. Learn more about the consequences of a DWI in Charlotte by viewing the DWI sentencing chart. A defendant convicted of driving while impaired is subject to sentencing at Level A1 if three or more grossly aggravating factors apply. S. Aggravated Level 1: 1-3 years of jail time with a fine of up to $10,000. North Carolina classifies DWI offenses by levels. There are essentially 6 different levels of DWI punishments/sentences one can face if convicted of a DWI/DUI (impaired driving offense) in North Carolina. 08% but were following traffic laws and driving safely, they're subject to a level five sentence, as long as there were no aggravating factors. Here are the levels from most severe to least severe: DWI SENTENCING LEVELS Level A1 DWI. If a person is found guilty of Driving While Impaired (DWI in North Carolina), the Judge will consider all of the factors listed above. A defendant convicted of DWI must be punished under the provisions of G. 01 or more. North Carolina DWI offenders are sentenced based on a sliding scale. After the judge determines which factors apply, he/she will then rule on your DWI Level and punishment Level 1. 20-179 that were in effect at the time the defendant committed the offense. Your sentence will be based largely on whether you are charged with a Level 5 (least serious), Level 4, Level 3, Level 2, Level 1, or Level 1 Aggravated (most serious). Depending on the level of punishment, a first-time offender may face a jail sentence and fines, in addition to a license suspension for one The DWI law takes in both the impaired charge and the per se charge. North Carolina's sentencing structure is very complicated. 08%. 1. The five levels of punishment are numbered 1-5. First DWI convictions in North Carolina result in mandatory license revocations of 1 year and any combination of fines, community service and imprisonment sentences. You will not be eligible for a limited driving privilege if you have a prior DUI/DWI conviction within 7 years and are found guilty of a Level A1, 1 or 2 impaired driving offense. Drug Trafficking. Factors may include the BAC level, age, current driving record, demeanor, and other circumstances. • Between 24 hours and 60 days in jail. When the following elements are met, a DWI rises to the level of a felony: a person has already been convicted of three or more offenses of impaired driving within ten years of the date of the new offense. North Carolina is a Zero Tolerance state for underage drinking and driving. 00 percent. The levels go down if you have fewer aggravating factors. Level 5. There are essentially six levels of punishment the judge can impose upon a convicted driver -- from most severe to least severe, the DWI sentencing levels are The State of North Carolina takes these charges very seriously. ** Please Note: There are sometimes ways to avoid this mandatory jail term. Section 20. §20-179. ) North Carolina has 6 sentencing levels for DWIs, ranging from Level 5, the least severe, to Level 1 Aggravated, the most severe. It is possible that if sentenced at level 3, 4 or 5, the judge may impose a penalty of community service ranging from 24 to 72 hours in lieu of jail time. In North Carolina, the laws and penalties governing DWI Driving While Impaired are complex. While Level 5 is considered the least serious charge, Level 1 Aggravated is the most serious. The DWI penalties are divided into five levels of convictions. The blood alcohol limit in North Carolina is a 0. The penalties you face for a DWI in North Carolina largely depends on how many prior convictions you have, your BAC level at the time of arrest, and other factors. North Carolina law dictates that there are five placement levels for DWI substance abuse treatment and education. There are five levels of misdemeanor DWI charges, and they are each characterized by varying degrees of aggravating and mitigating factors. It can be applied when three or more grossly aggravating factors are present. Instead, DWIs are sentenced according to 6 different levels, which range from Aggravated In North Carolina, DWI sentencing is broken into six levels. 08 or greater in a blood or breathalyzer test, or have refused to take such test, one’s privilege to drive in the State of North Carolina will be revoked for at least 30 days. These punishments can be found in N. Sentencing Factors in North Carolina DWIs DWI Sentencing Below is an overview of the three categories of sentencing factors that a judge must consider in determining which level is appropriate in a North Carolina DWI judgement. ”. If you have been charged with a DWI in Charlotte, contact a Charlotte DWI lawyer from Randall & Stump, Criminal Defense Attorneys today at 980-237-4579 or schedule a free consultation online. 04 percent. 02 or higher then you are legally intoxicated. DWI can be complicated and have lasting consequences. Under North Carolina DWI law, if your DUI involves two or more aggravating factors, a judge will likely issue you a level 1 punishment. (Two grossly aggravating factors or a minor child in vehicle at time of arrest) Fine up to $10,000, jail 1 year – 3 years without parole. North Carolina drivers who have been arrested for DUI face a variety of severe penalties and unlike other states, the courts do not use a simple tiered system to assess penalties, but instead the courts consider a variety of mitigating or aggravating factors prior to sentencing the driver to the appropriate level of DWI penalties. There is a five-tiered sentencing structure for North Carolina DWIs. Misdemeanors are classified into four levels: Class A1, Class 1, Class 2, and Class 3. Level 5 is the most common for a first-time DWI offender who has no aggravating factors at play in his case. In North Carolina, DWI sentencing is broken into six levels. DWI Sentencing Laws in North Carolina. Each level carries its own degree of punishment: North Carolina is a Zero Tolerance state for underage drinking and driving. Under current law, North Carolina now has six levels of punishment for a DWI conviction, whether by trial or plea. Level Five. Level 4 DWI normally requires 48 hours of community service and Level 3 DWI normally requires 72 hours of community service. 20-179, offenders convicted of DWI are subject to punishment in one of six punishment levels (Aggravated Level 1, Level 1 through Level 5). Consequences of Driving While Impaired – DUI Driving Under the Influence. In North Carolina, and across the country, the legal limit for the blood alcohol content of a person who is driving is 0. In North Carolina, school bus drivers are commercial drivers. There probation conditions which can allow offenders to North Carolina is known as one of the toughest states on DWI offenders. Any DWI conviction can come with serious consequences, but because of the complexities of the state’s DWI sentencing laws, it can be very difficult to tell just how serious they may be. 20-179 and follows its own special sentencing guidelines. 08 BAC, unless you are under the age of 21. north carolina dwi offenders are sentenced based on a sliding scale. 15A-1334(b) governs. Motorists convicted of a first DUI offense in NC for driving with a BAC of Level 1: 1 month – 2 years of jail time with a fine of up to $4,000. Level 1 Punishments. 1 and Sect. When driving a commercial motor vehicle, the limit is 0. NC Department of Health and Human Services 2001 Mail Service Center Raleigh, NC 27699-2000 Customer Service Center: 1-800-662-7030 For COVID-19 questions call 1-888-675-4567 Any DWI conviction can come with serious consequences, but because of the complexities of the state’s DWI sentencing laws, it can be very difficult to tell just how serious they may be. The lower levels of DWI sentencing include Levels 5, 4 & 3. North Carolina is known to have some of the most serious DWI laws in the United States. If your BAC shows 0. 20-179 (c). From most severe to least severe, the DWI sentencing levels are as follows: Aggravated Level One, Level One, Level Two, Level Three, Level Four, and Level Five. ) defines a felony DWI as “habitual impaired driving. North Carolina DWI law specifies punishments in levels. 20-138. As shown in the figures below, a majority of DWI offenders were sentenced in Level 5 A DWI conviction in the Outer Banks will be sentenced at one of six levels. All other blood alcohol content (BAC) levels for DWI in North Carolina are consistent with those in other states: Drivers that are under the age of 21, . This is true even if it is your first offense. Zero Tolerance. You can look up the detail levels here.