What are the Five Levels of DWI in North Carolina?
DWI sentencing is a complex system. North Carolina categorizes offenses by the following:
- Aggravated level 1: 12 to 36 months in jail and up to a $10,000 fine. If you get probation, you must serve at least 120 days in jail and 120 days of continuous alcohol monitoring (CAM).
- Level 1: 30 days to 24 months in jail and up to $4,000 in fines. If you get probation, you must serve at least 30 days in jail and submit to the judge’s required contingencies (i.e. rehabilitation, community service, etc.).
- Level 2: 7 days to 12 months in jail and up to a $2,000 fine. If you get probation, you must serve at least 7 days and submit to the judge’s required contingencies (i.e. rehabilitation, community service, etc.).
- Level 3: 72 hours to 6 months in jail and up to a $1,000 fine. If you get probation, you must serve at least 72 hours in jail and/or at least 72 hours of community service.
- Level 4: 48 hours to 120 days in jail and up to a $500 fine. If you get probation, you must serve at least 48 hours in jail and/or at least 48 hours of community service.
- Level 5: 24 hours to 60 days in jail and up to a $200 fine. If you get probation, you must serve at least 24 hours in jail and/or at least 24 hours of community service.
Will You Go to Jail for Your First DWI in North Carolina?
In North Carolina, the minimum jail time for your first DWI in North Carolina is 24 hours. DWIs ranges from Level 1 - 5 and your first DWI can vary depending on the severity of your DWI.
Potential Factors That Can Increase Penalties
The consequences people face for a DWI in North Carolina are not one-size-fits-all. For example, you will face increased penalties if:
- You have previous convictions.
- You were driving at an excessive speed.
- You were driving with a revoked license.
- Your blood alcohol content (BAC) was over .15%.
Furthermore, you can be charged with DWI for having a BAC of less than the standard .08%, if, for example:
If you are facing a DWI/DUI charge, contact our Wilmington DWI defense lawyer online or by calling (910) 400-8285 today.
The penalties for a DWI conviction can weigh heavily on your life whether they be jail time, heavy fines, a suspended or revoked license, substance abuse treatment or community service. We can help you work toward a better outcome. When you come in to discuss your case, our team can give you some perspective about your options and how we might best proceed in building a defense to fight your DWI charges.
Any field test, blood alcohol or breath test that the arresting officer performs can be used as evidence against you. However, those tests can also become the basis of the defense we build on your behalf. Was the equipment calibrated and used correctly? Did the officer conduct the arrest appropriately? These are matters we can discuss when you come in for your consultation.
Other defense tactics we may use in your DWI case include:
- Lack of probable cause for the arrest
- Faulty police investigation
- You were not impaired, but you were driving poorly at the time
Can a DWI be Reduced in NC?
In North Carolina, it is possible for a DWI (Driving While Impaired) charge to be reduced under certain circumstances. However, the decision ultimately rests with the prosecuting attorney and the judge overseeing the case. The specific factors that may affect the possibility of reducing a DWI charge can vary, so it's important to consult with a qualified Wilmington defense attorney who specializes in North Carolina DWI laws.
In general, to increase the chances of reducing a DWI charge, several factors may be taken into consideration:
- Strength of evidence: If the prosecution's case is weak or there are potential issues with the evidence against you, it may be possible to negotiate a reduced charge.
- Prior record: If you have a clean driving record and this is your first offense, the prosecutor may be more likely to consider reducing the charge.
- Blood alcohol concentration (BAC): If your BAC was relatively low or close to the legal limit at the time of arrest, it may be a factor in negotiating a reduction.
- Cooperation and attitude: Demonstrating remorse, taking responsibility for your actions, and showing a willingness to participate in alcohol education or treatment programs may be viewed favorably by the prosecutor and judge.
Learn More from Our Wilmington DWI Lawyer Today
While you're likely already stressed out, it costs you nothing to come in and get the information you need from an experienced DWI/DUI lawyer in Wilmington. Make an appointment with our criminal law firm as soon as possible to get started on your criminal case.
