Driving While Impaired is a misdemeanor in North Carolina. It has its own sentencing scheme and Structured Sentencing does not apply. The punishments for DWI in North Carolina are laid out in N.C.G.S. § 20-179. There are six different levels of DWI in North Carolina, ranging from Level 5 (lowest) to A1 (highest). A defendant’s level depends upon the existence of and weight assigned to certain statutorily defined aggravating, grossly aggravating, and mitigating factors. It is up to the judge to determine how much weight to give any factor(s) which apply to your case. Regardless of the level, defendants convicted of DWI will lose their driver’s license for at least one year. Also, regardless of level, if the judge orders a probationary sentence following a DWI conviction, (s)he must order the defendant to complete a substance abuse assessment and comply with any recommended treatment. N.C.G.S. § 20-179(i-k). The details and punishments for each level, from least severe to most severe, are as follows:
DWI Punishments By Level
Level 5:
- Minimum: 24 hours
- Maximum: 60 days; $200 fine
- Mandatory Spit if Suspended Sentence: 24 hours jail; 24 hours community service OR any combination
Level 4:
- Minimum: 48 hours
- Maximum: 120 days; $500 fine
- Mandatory Spit if Suspended Sentence: 48 hours jail; 48 hours community service OR any combination
Level 3:
- Minimum: 72 hours
- Maximum: 6 months; $1000 fine
- Mandatory Spit if Suspended Sentence: 72 hours jail; 72 hours community service OR any combination
Level 2:
- Minimum: 7 days
- Maximum: 12 months; $2000 fine
- Mandatory Spit if Suspended Sentence: 7 days MAY eliminate split if Continuous Alcohol Monitoring for 120 days*
Level 1:
- Minimum: 30 days
- Maximum: 24 months; $4000 fine
- Mandatory Spit if Suspended Sentence: 30 days MAY reduce to 10 days if Continuous Alcohol Monitoring for 120 days
Level A1:
- Minimum: 120 days
- Maximum: 36 months; $10,000 fine
- Mandatory Spit if Suspended Sentence: 120 days with at least 120 days Continuous Alcohol Monitoring
LEVEL 5
Level 5 means that the mitigating factors in your case outweigh the aggravating factors. Roughly 60% of DWIs in North Carolina are Level 5 DWIs. If you are found guilty of Level 5 DWI, you will receive a minimum of 24 hours in jail. The maximum you can receive is 60 days and you may face a fine of up to $200. The judge may give you a probationary sentence in lieu of active time, but only if (s)he orders a split sentence of at least 24 hours or at least 24 hours of community service. Unless a judge finds supervised probation is necessary, (s)he must place defendants convicted of Level 5 DWI who have obtained a substance abuse assessment and completed any recommended treatment on unsupervised probation. (N.C.G.S. § 20-179(r)). Defendants convicted of Level 5 DWI are typically eligible for a Limited Driving Privilege.
In practice, if we ask for the community service option in lieu of jail time, Wake County judges usually grant our request. Defendants convicted of Level 5 DWI in Wake County typically receive the statutory maximum suspended sentence of 60 days and the statutory minimum split of 24 hours. If you are convicted of Level 5 DWI in Wake County and prefer to go the community service route, the most likely punishment will be 24 hours of community service with 12 months of unsupervised probation and a 30-60 day suspended sentence.
LEVEL 4
Level 4 means that the mitigating and aggravating factors applicable to your case balance each other out. If you are found guilty of Level 4 DWI, you will receive a minimum of 48 hours in jail. The maximum you can receive is 120 days and you may face a fine of up to $500. The judge may give you a probationary sentence in lieu of active time, but only if (s)he orders a split sentence of at least 48 hours or at least 48 hours of community service. Unless a judge finds supervised probation is necessary, (s)he must place defendants convicted of Level 4 DWI who have obtained a substance abuse assessment and completed any recommended treatment on unsupervised probation. (N.C.G.S. § 20-179(r)). Defendants convicted of Level 4 DWI are typically eligible for a Limited Driving Privilege.
In practice, if we ask for the community service option in lieu of jail time, Wake County judges usually grant our request. Defendants convicted of Level 4 DWI in Wake County typically receive the statutory maximum suspended sentence of 120 days and the statutory minimum split of 48 hours. If you are convicted of Level 4 DWI in Wake County and prefer to go the community service route, the most likely punishment will be 48 hours of community service with 12 months of unsupervised probation and a 120 day suspended sentence.
LEVEL 3
Level 3 means that the aggravating factors in your case outweigh the mitigating factors. If you are found guilty of Level 3 DWI, you will receive a minimum of 72 hours in jail. The maximum you can receive is 6 months and you may face a fine of up to $1000. The judge may give you a probationary sentence in lieu of active time, but only if (s)he orders a split sentence of at least 72 hours or at least 72 hours of community service. Unless a judge finds supervised probation is necessary, (s)he must place defendants convicted of Level 3 DWI who have obtained a substance abuse assessment and completed any recommended treatment on unsupervised probation. (N.C.G.S. § 20-179(r)). Defendants convicted of Level 3 DWI are typically eligible for a Limited Driving Privilege.
In practice, if we ask for the community service option in lieu of jail time, Wake County judges usually grant our request. Defendants convicted of Level 3 DWI in Wake County typically receive the statutory maximum suspended sentence of 6 months and the statutory minimum split of 72 hours. If you are convicted of Level 3 DWI in Wake County and prefer to go the community service route, the most likely punishment will be 72 hours of community service with 12 months of unsupervised probation and a 6 month suspended sentence.
LEVEL 2
Level 2 means that one grossly aggravating factor (not related to age or disability) applies to your case. If you are found guilty of Level 2 DWI, you will receive a minimum of 7 days in jail. The maximum you can receive is 12 months and you may face a fine of up to $2000. The judge may give you a probationary sentence in lieu of active time, but only if (s)he orders a split sentence of at least 7 days. Community Service in lieu of jail time is not an option for defendants convicted of Level 2 DWI. The judge may, however, eliminate the split sentence if (s)he orders you to abstain from alcohol and places you on continuous alcohol monitoring (an ankle bracelet) for 90 days. Additionally, if you have a prior DWI within the past 5 years or if your license was revoked at the time of the current offense for a prior impaired driving conviction, the judge must also order you to complete 240 hours of Community Service in order to eliminate the split. The presumption in favor of unsupervised probation does not apply to defendants convicted of Level 2 DWI. (N.C.G.S. § 20-179(r)). Defendants convicted of Level 2 DWI are not eligible for a Limited Driving Privilege.
In practice, if we ask for the continuous alcohol monitoring option in lieu of a split sentence, Wake County judges usually grant our request. Defendants convicted of Level 2 DWI in Wake County typically receive the statutory maximum suspended sentence of 12 months and a one day split for every hundredth of a gram/210 liters of breath. In other words, as a rule of thumb, if you blow 0.12, Wake County judges are likely to give you a 12 day split. Active sentences are also common for Level 2 DWI judgments. If you are convicted of Level 2 DWI in Wake County and prefer to go the probation route, the most likely punishment will be a split sentence equal to one day for each hundredth of a gram of BAC, 18 months of supervised probation and a 12 month suspended sentence.
LEVEL 1
Level 1 means that two grossly aggravating factors (or one related to age or disability) apply to your case. If you are found guilty of Level 1 DWI, you will receive a minimum of 30 days in jail. The maximum you can receive is 24 months and you may face a fine of up to $4000. The judge may give you a probationary sentence in lieu of active time, but only if (s)he orders a split sentence of at least 30 days. Community Service in lieu of jail time is not an option for defendants convicted of Level 1 DWI. The judge may, however, reduce the split sentence to 10 days if (s)he orders you to abstain from alcohol and places you on continuous alcohol monitoring (an ankle bracelet) for 120 days. Additionally, if you have a prior DWI within the past 5 years or if your license was revoked at the time of the current offense for a prior impaired driving conviction, the judge must also order you to complete 240 hours of Community Service in order to reduce the split to 10 days. The presumption in favor of unsupervised probation does not apply to defendants convicted of Level 1 DWI. (N.C.G.S. § 20-179(r)). Defendants convicted of Level 1 DWI are not eligible for a Limited Driving Privilege.
In practice, if we ask for the continuous alcohol monitoring option in lieu of a split sentence, Wake County judges usually grant our request. Defendants convicted of Level 1 DWI in Wake County typically receive the statutory maximum suspended sentence of 24 months and at least a one day split for every hundredth of a gram/210 liters of breath. In other words, as a rule of thumb, if you blow 0.12, Wake County judges are likely to give you at least a 12 day split. Active sentences are also common for Level 1 DWI judgments. If you are convicted of Level 1 DWI in Wake County and prefer to go the probation route, the most likely punishment will be a split sentence equal to at least one day for each hundredth of a gram of BAC, 18 months of supervised probation and a 24 month suspended sentence.
AGGRAVATED LEVEL 1
Aggravated Level 1 means that three or more grossly aggravating factors apply to your case. If you are found guilty of Aggravated Level 1 DWI, you will receive a minimum of 12 months in jail. The maximum you can receive is 3 years and you may face a fine of up to $10,000. If you receive an active sentence, you will be released 4 months prior to the end date of the term of imprisonment imposed and placed on a form of post-release supervision akin to parole for the final 4 months of your sentence. During that time, you will be required to abstain from alcohol as verified by continuous alcohol monitoring (an ankle bracelet). The judge may give you a probationary sentence in lieu of active time, but only if (s)he orders a split sentence of at least 120 days, requires you to abstain from alcohol for at least 120 days and requires you to obtain a substance abuse assessment and comply with any recommended treatment. Community Service in lieu of jail time is not an option for defendants convicted of Aggravated Level 1 DWI. The presumption in favor of unsupervised probation does not apply to defendants convicted of Aggravated Level 1 DWI. (N.C.G.S. § 20-179(r)). Defendants convicted of Aggravated Level 1 DWI are not eligible for a Limited Driving Privilege.
In practice, if we ask for a probationary sentence in lieu of active time, Wake County judges will sometimes grant our request. Bear in mind, however, that there is no way to eliminate the split in the context of an Aggravated Level 1 judgment. Beyond that, the punishments for Aggravated Level 1 DWI depend largely on the facts of your case. I recommend that you consult with an experienced DWI attorney for an analysis of the likely outcomes in your case.
