In the unfortunate event you’re charged with DWI you’re probably worried about what kind of punishment you’re facing if you’re found guilty. That’s a great question. One of the most important parts of assessing any case is knowing what kind of punishment you may face. Any attorney worth their salt should be able to explain to you the best and worst case scenarios if you’re found guilty.
Determining what your punishment will be if you’re convicted of DWI can be a little complicated. If you’re convicted of DWI the judge must have what’s called a sentencing hearing in court to determine your sentence. The sentencing hearing usually follows immediately after your DWI trial.
At the sentencing hearing the prosecutor will present evidence to the judge of any grossly aggravating or aggravating factors in your case that make your case more serious. Next, your lawyer will present evidence to the judge of any mitigating factors in your case that make your case less serious.
To find out what grossly aggravating, aggravating, and mitigating factors are see the other blogs on this website.
After hearing about any aggravating factors and any mitigating factors, the judge will then weigh both the aggravating and mitigating factors in your case and decide which one of the 6 DWI sentencing levels is most appropriate in your case.
In NC, everyone convicted of DWI will be sentenced by a judge to one of 6 DWI sentencing levels. Your sentence will depend on which sentencing level the judge finds you and your case to fit under (how the aggravating and mitigating factors balance out). As you’ll see below, each sentencing level has its own range of punishments the judge can set in your case.
The six different DWI sentencing levels are (in order from least serious to most serious top to bottom):
Level 5 – Best case scenario
If you’re convicted of DWI, the judge can decide you are a Level 5 if the mitigating factors in your case substantially outweigh any aggravating factors in your case.
If the judge decides you are a Level 5, the judge must order you to jail for a minimum of 24 hours up to a maximum of 60 days. However, even if the judge sentences you to time in jail, the judge may “suspend” your jail sentence and place you on probation on the conditions that you, among other things, serve 24 hours in jail or perform 24 hours of community service and get a substance abuse assessment and treatment.
Plus, the judge can fine you up to $200.
Level 4
If you’re convicted of DWI, the judge can decide you are a Level 4 if the aggravating factors are substantially counterbalanced by mitigating factors in your case.
If the judge decides you are a Level 4, the judge must order you to jail for a minimum of 48 hours up to a maximum of 120 days. However, even if the judge sentences you to time in jail, the judge may “suspend” your jail sentence and place you on probation on the conditions that you, among other things, serve 48 hours in jail or perform 48 hours of community service and get a substance abuse assessment and treatment.
Plus, the judge can fine you up to $500.
Level 3
If you’re convicted of DWI, the judge can decide you are a Level 3 if the aggravating factors substantially outweigh mitigating factors in your case.
If the judge decides you are a Level 3, the judge must order you to jail for a minimum of 72 hours up to a maximum of 6 months. However, even if the judge sentences you to time in jail, the judge may “suspend” your jail sentence and place you on probation on the conditions that you, among other things, serve 72 hours in jail or perform 72 hours of community service and get a substance abuse assessment and treatment.
Plus, the judge can fine you up to $1,000.
Level 2
If you’re convicted of DWI, the judge must decide you are a Level 2 if only one grossly aggravating factor (other than the one involving children under 18) applies in your case.
If the judge decides you are a Level 2, the judge must order you to jail for a minimum of 7 days up to a maximum of 12 months. However, even if the judge sentences you to time in jail, the judge may “suspend” your jail sentence and place you on probation on the conditions that you, among other things, serve 7 days in jail or not drink any alcohol for 90 straight days as proven by wearing a special device that detects when you drink any alcohol.
However, if the judge decides you’re a Level 2
because you have a DWI conviction within the last 5 years or were driving on a suspended license for a DWI, and
the judge suspends your jail sentence on the condition that you not drink any alcohol for 90 straight days,
then you must also perform 240 hours of community service.
Plus, the judge can fine you up to $2,000.
Level 1
If you’re convicted of DWI, the judge must decide you are a Level 1 if only two grossly aggravating factors or the one involving children under 18 applies in your case.
If the judge decides you are a Level 1, the judge must order you to jail for a minimum of 30 days up to a maximum of 24 months. However, even if the judge sentences you to time in jail, the judge may “suspend” your jail sentence and place you on probation on the conditions that you, among other things, serve 10 days in jail, not drink any alcohol for 120 straight days as proven by wearing a special device that detects when you drink any alcohol, and get a substance abuse assessment and treatment.
Plus, the judge can fine you up to $4,000.
Aggravated Level 1 – Worst case scenario
If you’re convicted of DWI, the judge must decide you are an Aggravated Level 1 if three or more grossly aggravating factors apply in your case.
If the judge decides you are an Aggravated Level 1, the judge must order you to jail for a minimum of 12 months up to a maximum of 36 months. However, even if the judge sentences you to time in jail, the judge may “suspend” your jail sentence and place you on probation on the conditions that you, among other things, serve 120 days in jail, not drink any alcohol for a minimum of 120 straight days as proven by wearing a special device that detects when you drink any alcohol, and get a substance abuse assessment and treatment.
Plus, the judge can fine you up to $10,000.
Also, if the judge decides you’re an Aggravated Level 1 and sentences you to jail, you are not eligible for parole at any time during your jail term.
If you’ve been charged with DWI and have questions similar to these the best thing you can do is hire a former DWI prosecutor. As a former DWI prosecutor I know the answers to your questions and the inside legal knowledge to help you win your case. I’m available 24 hours a day/365 days a year to take your call. My number is (919) 886-7506.
The Law Office of Lucien Roughton, Jr., PLLC 