DWI sentencing law is complex, and allows Judges a wide berth of punishments to chose from. Below is a summary of the levels of punishments. If you have been charged with a DWI (Driving While Impaired) or DUI, please contact the attorneys at Garrett, Walker and Aycoth, at 336-379-0539 to assist you.
LEVEL A1 – Three Aggravating Factors
Fine up to $10000
Active jail time of a minimum of 12 months, maximum of 36 months. Not eligible for parole; Shall be released four months less the maximum Post Release Supervision, with four months of alcohol abstention, verified by a continuous alcohol monitoring system
May be suspended upon 120 days minimum active sentence, with four months minimum to maximum of probation term of alcohol abstention, verified by a continuous alcohol monitoring system
Substance Abuse Assessment and recommended Education or Treatment
Any combination of these conditions, any other conditions of probation
LEVEL 1- Two Grossly Aggravating factors, or One Grossly Aggravating Factor Under NCGS 20-179(c)(4)
Fine up to $4000
Active jail time of not more than 24 months (may be suspended)
Supervised or Unsupervised Probation
30 days minimum active jail time, or
10 days active jail sentence, with 120 days of alcohol abstention, verified by a CAM device (up to 60 days pre-trial credit allowed)
Substance Abuse Assessment and recommended Education or Treatment
Any combination of these conditions, and any other conditions of probation, including CAM up to maximum probation term
LEVEL 2- One Grossly Aggravating Factor
Fine up to $2000
Active jail time of not more than 12 months (may be suspended)
Supervised or Unsupervised Probation
7 days minimum active jail time, or
90 continuous days of alcohol abstention, verified by a CAM device (up to 60 days pre-trial credit allowed)
240 hours of community service, if all active time is suspended (subject to alcohol abstention verified by CAM), and one of the grossly aggravating factors was either a prior DWI conviction occurring within five years of current offense date, or DWLR for impaired driving
Substance Abuse Assessment and recommended Education or Treatment
Any combination of these conditions, and any other conditions of probation, including CAM up to maximum probation term
LEVEL 3- Aggravating Factors > Mitigating Factors
Fine up to $1000
Active jail time of not more than 6 months (may be suspended)
Supervised or Unsupervised Probation
72 hours minimum active jail time, or
72 hours community service
Substance Abuse Assessment and recommended Education or Treatment
Any combination of these conditions, and any other conditions of probation
LEVEL 4- Aggravating Factors = Mitigating Factors, or No Factors Present
Fine up to $500
Active jail time of not more than 120 days (may be suspended)
Supervised or Unsupervised Probation
48 hours active jail time, or
48 hours community service
Substance Abuse Assessment and recommended Education or Treatment
Any combination of these conditions, and any other conditions of probation
LEVEL 5- Mitigating Factors > Aggravating Factors
Fine up to $200
Active jail time of not more than 60 days (may be suspended)
Supervised or Unsupervised Probation
24 hours minimum active jail time, or
24 hours minimum community service
Substance Abuse Assessment and recommended Education or Treatment
Any combination of these conditions, and any other conditions of probation