North Carolina has a complex system of categorizing DWI charges. There are five separate tiers or levels of misdemeanor DWI crimes.
Regardless of the level of the charge, a DWI is a criminal offense. If convicted, you will have a permanent criminal record, and Elizabeth City DWI penalties can be severe.
Do not face these potentially serious consequences alone. Contact a DWI defense attorney at Parks Zeigler, PLLC for help as soon as you are charged or arrested. Our team will protect your rights and work to obtain the most favorable outcome possible under the circumstances.
Mitigating and Aggravating Factors Are Critical
North Carolina General Statute § 20-179 sets the rules for sentencing and penalties for DWI offenses in Elizabeth City. Judges must consider a list of aggravating and mitigating factors. The number of aggravating and mitigating factors present in a specific case determines the level of the offense, and the level determines the sentence.
Mitigating Factors
A blood alcohol concentration (BAC) of .08 or above is proof of DWI. However, a BAC of .09 or lower could be a mitigating factor in a DWI sentencing. Other mitigating factors may include safe driving despite a BAC over the legal limit and a prescription for the substance that caused the impairment.
A driver facing sentencing could take actions to create mitigating factors, such as getting a substance abuse assessment, completing drug and alcohol treatment, and submitting to 60 days of alcohol monitoring.
Aggravating Factors
A BAC exceeding .15 is an aggravating factor for sentencing. Having two prior traffic convictions and three points on your license is also an aggravating factor. Others include reckless driving, speeding more than 30 mph over the limit, causing an accident, and passing a stopped school bus.
Gross Aggravating Factors
A prior DWI conviction within seven years is a grossly aggravating factor for DWI sentencing. Causing serious injury in the course of a DWI, having a minor in the car, and committing the DWI while your license was revoked for a prior DWI are also grossly aggravating factors in DWI sentencing.
Sentencing Depends on the Level of the Offense
Once the judge determines the aggravating and mitigating factors present in the case, they can determine the level of the offense. Sentences vary depending on the level. Level 5 offenses carry the least serious penalties for charges in Elizabeth City DWI cases, and Aggravated Level 1 punishment penalties are the harshest. There is room for judicial discretion within each level, and our attorneys can argue for the lightest sentence possible within each range.
When there are more mitigating factors than aggravating factors, the judge will impose a Level 5 sentence that requires a sentence of between 24 hours to 60 days in jail, some or all of which may be suspended, and a maximum fine of $200. When the mitigating and aggravating factors balance each other out, the judge will impose a Level 4 sentence calling for between 48 hours and 120 days of a sentence, some or all of which may be suspended, and a maximum fine of $500.
When aggravating factors outweigh mitigating factors, but there are no grossly aggravating factors, the offense will be sentenced as Level 3. The sentence would be 72 hours to six months in jail, some or all of which may be suspended, and a fine not to exceed $1000. One grossly aggravating factor requires a Level 2 punishment which requires that a person spend a minimum of seven days in jail. At a maximum, Level 2 punishment can carry twelve months in jail and a $2000 fine. Level 1 sentences apply when there are two grossly aggravating factors or there was a minor in the car. This level of punishment requires a minimum of 30 days in jail and can carry a maximum of 24 months in jail. Three or more grossly aggravating factors result in an Aggravated Level 1 sentence which requires a mandatory minimum of 120 days in jail and can carry up to 36 months in jail.
Other Consequences of a DWI Conviction
Elizabeth City drivers who are convicted of a Level 3, 4, or 5 DWI offense face additional penalties. A judge could order drug and alcohol treatment and alcohol monitoring. The length of the alcohol monitoring period and the hours of community service depend on the level of the offense.
The offender’s license to drive will be suspended for a minimum of one year for a first offense and four years for a second offense. A third offense results in permanent license revocation.
In many cases, a driver with a suspended license can obtain limited driving privilege to drive to work, school, or medical appointments.
Consult an Elizabeth City Attorney About the Consequences of a DWI Conviction
Although most DWIs are misdemeanors, they are serious offenses with severe penalties. However, the state’s sentencing system is complex and legal advice can help you through it.
Work with an experienced DWI attorney from Parks Zeigler. Our team can use their knowledge and skills to help mitigate Elizabeth City DWI penalties. Reach out now to get started.
