​NC DWI punishment levels

  • Level 5
  • Level 4
  • Level 3
  • Level 2
  • Level 1
  • Level A1
<
>

Level  5:  No grossly aggravating factors. ​

Mitigating factors outweigh regular aggravating factors.
Minimum punishment of 24 hours of jail or 24 hours of community service. Maximum incarceration of 60 days in jail.  Maximum fine of $200.
Probation may be ordered by the Judge.  
NCGS 20-179(k)

Level  4:  No grossly aggravating factors.

Equal regular aggravating factors and mitigating factors.
Minimum punishment of 48 hours of jail or 48 hours of community service. Maximum incarceration of 120 days in jail.  Maximum fine of $500. 
Probation may be ordered by the Judge. 
NCGS 20-179(j)

Level  3:  No grossly aggravating factors.

Regular aggravating factors outweigh mitigating factors.
Minimum punishment of 72 hours of jail or 72 hours of community service. Maximum incarceration of 6 months in jail.  Maximum fine of $1,000. 
Probation may be ordered by the Judge. 
NCGS 20-179(I)

Level  2:  One grossly aggravating factor.

Minimum punishment of 7 days in jail. Maximum incarceration of 1 year in jail. 
Maximum fine of $2,000. 
Probation may be ordered by the Judge. 
NCGS 20-179(h)

Level  1:  Two grossly aggravating factors.

Minimum punishment of 30 days jail. Maximum incarceration of 2 years in jail. 
Maximum fine of $4,000. 
Probation may be ordered by the Judge. 
NCGS 20-179(g)

Level  A1:  Three or more grossly aggravating factors.

Minimum punishment of 1 year in jail. Maximum incarceration of 3 years in jail. 
Maximum fine of $10,000. 
Probation may be ordered by the Judge. 
NCGS 20-179(f3), Lauren’s Law,  S.L. 2011-191

NC DWI level factors

  1. Regular aggravating factors.
  2. Grossly aggravating factors.

Grossly Aggravating factors

  1. Single conviction of DWI within 7 years of current offense date.
  2. Was driving on revoked license due to prior DWI.
  3. Serious injury to another person caused by Defendant’s impaired driving.
  4. Child under 18 in the vehicle at the time. (**Automatic Level  1 sentence)

Regular Aggravating factors

  1. Blew 0.15 or above. (requires interlock)
  2. Especially dangerous or reckless driving.
  3. Negligent driving led to an accident that is required by law to be reported to law enforcement authorities. (Death, injury, property damage more than $1,000)
  4. Revoked license at time of the DWI.
  5. Bad driving record.
  6. Conviction of speeding to elude arrest.
  7. Conviction of speeding more than 30 mph over the speed limit.
  8. Passing a stopped school bus.
  9. Any other factor that aggravates the offense.

Mitigating factors

  1. Slight impairment of 0.09 or less.
  2. Safe driving at the time except for DWI.
  3. Safe driving record.
  4. Impaired by lawfully prescribed drug in recommended dosage.
  5. Substance abuse assessment completed.
  6. Any other factor that mitigates the seriousness of the DWI.