A DWI in North Carolina may lead to several outcomes, including imprisonment between 24 hours and 2 years, a fine up to $4,000, and/or revocation of your driving license. In 2018, North Carolina was ranked number 7 among the top 10 states for the highest number of drunk driving infractions, with nearly 28,000 arrested on DUI charges.
A charge of DWI happens when an individual operates a motor vehicle and their blood-alcohol concentration (BAC) level exceeds 0.08%, the state limit. When driving a commercial vehicle, the limit is 0.04%. Consumption of any Schedule I Controlled Substance or a drug known to impair while driving may lead to prosecution under DWI laws in North Carolina.
Factors in NC DWI Charges and Sentencing
North Carolina DWI laws are categorized into five levels of misdemeanor charges. There are three factors considered by the court during the sentencing phase:
-Mitigating factors: Borderline blood-alcohol level, ingestion of prescription drugs containing impairing substances, ongoing sobriety training, relatively safe driving, etc.
-Aggravating factors: Blood alcohol level is above 0.15%, prior history of traffic violations, fleeing police, causing a collision, reckless driving, or injury, etc.
-Gross aggravating factors: Intoxicated driving while having a minor in the car or without a valid driving license or 3 repeat offenses within 7 years.
Misdemeanor DUI Penalty in North Carolina
-Level 5: Mitigating factors are more evident. You may still face a jail term of 24 hours to 60 days with a maximum fine of $200. Probation is allowed after 24 hours of jail or community service for the same period or a driving restrictions for 30 days.
-Level 4: Mitigating factors balance aggravating factors. There may be jail term ranging from 48 hours to 120 days with a fine up to $500. Probation is subject to 48 hours of incarceration or 48 hours of community service or a driving restrictions for 60 days.
-Level 3: Aggravating factors are more discernible. It leads to a jail term between 72 hours and 180 days with a fine up to $1,000. Probation can be sought only after 72 hours of imprisonment or community service or a driving restrictions for 90 days.
-Level 2: At least one gross aggravating factor exists. This results in imprisonment ranging from 7 days to one year and a fine of up to $2,000.
-Level 1: DWI in North Carolina involving two gross aggravating factors may land you in jail between 30 days and 24 months with a fine not exceeding $4,000. No probation until the minimum jail term is completed.
Felony DWI in North Carolina
A charge of DUI in North Carolina reporting three or more gross aggravating factors imposes a fine of up to $10,000, and imprisonment ranging from 12 months to 36 months. Probation is allowed only after 120 days of imprisonment.
NC DWI License Suspensions
A DUI charge may result in the suspension or revocation of your driving license. For the first and second DWI ticket, you are forbidden from operating a motor vehicle for 1 year and 4 years respectively. The third offense within 7 years may result in the permanent revocation of your license. Simultaneously, there is the need for an ignition interlock device for DUI convictions ranging from 1 year for the first, 3 years for the second, and 7 years for a third conviction.
Being charged with Driving Under the Influence is not only costly, it is inconvenient, and has the potential to affect future employment. If you have been charged with Driving Under the Influence and finding it difficult to maneuver through the system, contact McCall Law, PLLC. The process can be complex and representation is necessary. Contact experienced attorneys today.
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