DWI Sentencing, Am I Going to Jail?

DWI
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Once someone has been charged with a DWI, one of their first thoughts is, “am I going to jail for this?” While there isn’t a straightforward answer to that question, as DWI sentencing is rather complex, it can generally be broken down into 7 categories. These categories go from most severe to least severe and generally break down as follows:

  1. Habitual DWI

    • This is punished as a felony pursuant to North Carolina’s structured sentencing policy. If you have any questions about this or any other felony sentencing please contact us.

  2. AGGRAVATED LEVEL 1

    1. Fine up to $10,000.00
    2. Jail time of no less than 12 months or more than 36 months
    3. If the judge wants to give the defendant probation, they must impose the following special terms of probation:
      1. At least 120 days in jail
      2. Abstain from alcohol for at least 120 days as verified by an approved constant alcohol monitoring device, or CAM system.
    4. NO LIMITED DRIVING PRIVILEGE AVAILABLE
       

  3. LEVEL 1

    1. Fine up to $4,000.00
    2. Jail time not less than 30 days or more than 24 months
    3. If the judge wants to give the defendant probation, they must give the defendant at least 30 days in jail. This can be reduced by using the CAM system; however, the defendant will still have to serve at least 10 days in jail.
    4. NO LIMITED DRIVING PRIVILEGE AVAILABLE
       

  4. LEVEL 2

    1. Fine up to $2,000.00
    2. Jail time of no less than 7 days or more than 12 months.
    3. If the judge wants to give the defendant probation, they must give the defendant at least 7 days in jail or require them to abstain from alcohol for at least 90 days as verified by the CAM system.
    4. NO LIMITED DRIVING PRIVILEGE AVAILABLE
       

  5. LEVEL 3

    1. Fine up to $1,000.00
    2. Jail of not less than 72 hours or more than 6 months.
    3. If the judge wants to give the defendant probation, they will generally let the defendant decide if they would rather do 72 hours in jail or perform 72 hours of community service.
    4. CAN GET A LIMITED DRIVING PRIVILEGE
       

  6. LEVEL 4

    1. Fine up to $500.00 dollars
    2. Jail time of not less than 48 hours or more than 120 days.
    3. If the judge wants to give the defendant probation, they will generally let the defendant choose between 48 hours in jail or 48 hours of community service.
    4. CAN GET A LIMITED DRIVING PRIVILEGE
       

  7. LEVEL 5

    1. Fine up to $200.00
    2. Jail time of no less than 24 hours or more than 60 days
    3. If the judge wants to give the defendant probation, they will generally let the defendant choose between 24 hours in jail or 24 hours of community service.
    4. CAN GET A LIMITED DRIVING PRIVILEGE.

These categories are a general breakdown, but how does a judge decide what category or level your particular case falls into?

The judge will make this determination at a sentencing hearing. Whether the case is plead out prior to a trial or if the judge finds the defendant guilty at a trial, there is always a sentencing hearing for DWI cases. During this sentencing hearing the judge will make the determination of not only which level to punish the case as, but also whether or not to give an active sentence or a probationary sentence. This determination is made by balancing a series of factors; either grossly aggravating, aggravating, or mitigating, that are presented to the court during the sentencing hearing. It is very important to speak with a knowledgeable attorney about your case because some of these mitigating factors that can help you avoid the more serious sentencing levels can be achieved after the charge is taken out. Some of these factors are listed below.

  1. GROSSLY AGGRAVATING FACTORS

    1. Prior DWI convictions within 7 years
    2. Driving while your license is revoked based on an impaired revocation.
    3. Driving with a child under the age of 18 in the vehicle, and more.

  1. AGGRAVATING FACTORS

    1. Severe impairment, BAC greater than or equal to .015
    2. Especially reckless or dangerous driving
    3. A prior DWI conviction outside of the 7-year window, and more.

  1. MITIGATING FACTORS

    1. Slight Impairment, BAC less than or equal to .09
    2. A safe driving record
    3. A substance abuse assessment, and more.

At a sentencing hearing a judge will take into account all of the grossly aggravating, aggravating, and mitigating factors that are proven to the court and will make a determination about what level to punish each conviction as. It is important to speak to an knowledgeable attorney to determine what the most likely outcome of your individual case is.

If you have been charged with a DWI or have a question about DWI sentencing please contact us today.

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