In North Carolina, DWI penalties are strict, with a detailed sentencing structure considering various factors like the number of offenses, defendant’s age, and driving status (commercial or not).
Implied Consent for BAC Tests:
By driving in North Carolina, you’ve consented to BAC tests if suspected of DWI.
Intoxication Levels:
- Under 21: Zero tolerance for any alcohol.
- 21 and over: DWI if BAC is .08% or higher.
- Commercial drivers: BAC limit is .04%.
DWI Penalties (N.C.G.S. Sections 20-179):
- Vehicle impound for 10 days; driving privileges revoked for 30 days.
- Six sentencing levels, from Level 5 (least severe) to Level 1 Aggravated (most severe).
- Sentences based on Grossly Aggravating, Aggravating, and Mitigating Factors.
Factors Affecting Sentencing:
Grossly Aggravating: Prior DWI, DWI under suspension, serious injury caused, DWI with a minor.
Aggravating: BAC .15%+, reckless driving, revoked license, prior convictions, eluding police, extreme speeding, passing a school bus.
Mitigating: Slight impairment, safe driving record, BAC under .09%, lawful driving apart from DWI, prescription medication, voluntary mental health assessment.
Sentencing Levels:
Level 1 Aggravated: 12-36 months jail, fine up to $10,000.
Level 1: 30 days-24 months jail, fine up to $4,000.
Level 2: 7 days-12 months jail, fine up to $2,000.
Levels 3-5: Jail time varies, community service, fines up to $500.
Repeat Offenders:
Increased penalties for 2nd and 3rd offenses within 7 years, including longer jail times, varying fines, extended license suspension, and mandatory ignition locks.
Legal guidance is recommended for anyone facing DWI charges in North Carolina due to the complexity of the laws and potential severity of the penalties.
