Chad D. GarrettFounding attorney · Criminal Defense, DWI and Traffic Law

Updated September 24, 20242 min read

Conviction Levels

DWI Levels include, 5, 4, 3, 2, 1, and A1. If you are found guilty, you will want to be closer to a level 5, which is far less serious than a level A1. Here is the basic breakdown:

Levels A1-2

These levels apply is you have any “grossly aggravating factors” to your DWI case. For example, a prior conviction for a DWI within 7 years of the current offense, diving with a minor or disabled person in the vehicle at the time of the offense, driving while license was revoked due to alcohol, or a resulting car accident at the time of the offense. Event, separate DWI conviction within 7 years is a separate grossly aggravating factor.

Level A1

This is the most serious DWI level, it requires a minimum of 120 days in jail, a maximum of 3 years and a $10,000 fine. It requires a finding of at least 3 grossly aggravating factors.

Level 1

This level requires a minimum of 30 days in jail and a maximum of 2 years with a fine up to $4,000. This requires a finding of at least two grossly aggravating factors.

Level 2

This level carries a minimum of 7 days in jail, and a maximum of 1 year in jail. It requires a finding of only one grossly aggravating factor.

Levels 3-5

These levels are decided by balancing mitigating (good) factors, and aggravating (bad) factors. If you have more good than bad, you are a level 5. If you have more bad than good, you are a level 3, if they balance out, you are a level 4. Good factors could be a low blood alcohol level, safe driving record, completion of a substance abuse assessment, and safe driving other than the traffic stop.

Level 3

This level carried a maximum of 6 months in jail and a minimum of 73 hours in jail, OR 72 hours of community service. You may also be fined up to $1,000.

Level 4

This level carries a maximum of 120 days in jail, and a minimum of 48 hours in jail, OR 48 hours of community service. You could also be fined up to $500.

Level 5

This level carries a maximum of 60 days in jail, and a minimum of 24 hours in jail, OR 24 hours of community service.

Founding attorney

Chad D. Garrett

Criminal Defense, DWI and Traffic Law

Chad practices criminal defense, DWI and traffic law in Guilford County and across North Carolina. He is the author of ABC's of Traffic Law, ABC's of DWI and DWI Essentials.

• Continuing Legal Education Instructor of the Year, North Carolina Bar Association
• Former President, Greensboro Criminal Defense Lawyers Association
• Board Member, Criminal Justice Section, North Carolina Bar Association

Read Chad's full profile →

This article explains North Carolina law in general terms. It is not legal advice about your case, and laws, penalties and court procedures change. Contact an attorney about your specific situation.