A DWI is a misdemeanor, and the level of punishment depends on the presence of and weight of certain aggravating and mitigating factors found by the court. There are five different levels of punishment:
Level 1: Minimum imprisonment of 30 days, maximum imprisonment of 2 years and a maximum fine of $4,000. The term of imprisonment may be suspended in specified circumstances.
Level 2: Minimum imprisonment of 7 days, maximum imprisonment of 1 year and a maximum fine of $2,000. The term of imprisonment may be suspended in specified circumstances.
Level 3: Minimum imprisonment of 72 hours, maximum imprisonment of 6 months and a maximum fine of $1,000. The original sentence may be suspended on the condition that the defendant meet at least one of these conditions: at least 72 hours of community service or imprisonment for at least 72 hours.
Level 4: Minimum imprisonment of 48 hours, maximum imprisonment of 120 days and a maximum fine of $500. The term of imprisonment may be suspended in specified circumstances. The original sentence may be suspended on the condition that the defendant meet at least one of these conditions: at least 48 hours of community service or imprisonment for 48 hours.
Level 5: Minimum imprisonment of 24 hours, maximum imprisonment of 60 days and a maximum fine of $200. The term of imprisonment may be suspended in specified circumstances. The original sentence may be suspended on the condition that the defendant meet at least one of these conditions: at least 24 hours of community service or imprisonment for 24 hours.
Aggravating factors are especially negative factors. Some aggravating factors include a very high breathalyzer reading of .16 or more, especially reckless driving, a bad traffic record that consists of at least two tickets in the past 5 years that resulted in 3 points or more on your DMV record, alluding arrest, property damage, speeding in excess of 30 mph or being uncooperative with the police officer, etc. When you blow 0.16 or higher on the Breathalyzer, then you will be required to have a ignition interlock system installed in your vehicle at a cost of several hundred dollars and a monthly monitoring fee.
Revocation of your Driver’s License
A DWI charge in North Carolina requires an immediate thirty (30) day revocation of your driving privilege-just for being charged. After ten (10) days from the date of the arrest, a Pre-Trial Limited Privilege may be obtained in certain circumstances. We can assist you in navigating the complicated process of obtaining a limited driving privilege, assuming you qualify.
Please contact our office today at 828-631-2500 to schedule your free consultation to discuss your case.
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