Determining Your North Carolina DWI Level
Our attorneys are always ready to fight for you in trial, but an experienced DWI lawyer will also try to get you the lowest level of charge possible. Step 3 of your Aberle & Connolly, PLLC, custom case plan is determining your DWI level. In North Carolina, there are six levels of Driving While Impaired charge. While there used to be a difference between DWI and DUI, there is no longer a distinction in North Carolina. There is also a charge of Felony Habitual Impaired Driving. The punishment for each DWI depends on the level the judge determines your case to be on.
DWI Levels
The DWI level is determined by the presence or absence of aggravating factors, grossly aggravating factors, and mitigating factors. If the mitigating factors outweigh the aggravating factors, then it is a level 5. If they are equal, it is a level 4. If aggravators outweigh mitigators, it is a level 3 DWI. One grossly aggravating factor makes your case automatically level 2. Two grossly aggravating factors make you a level one and three make you an aggravated level one.
Mitigating Factors
Some of the common mitigating factors include having only a slight impairment by alcohol such as a blood alcohol level of 0.09 or less or impairment caused by taking the correct dosage of prescribed medication. It is also a mitigating factor to have generally safe driving records, have been driving safely and lawfully other than being stopped for DWI, and to proactively complete your DWI assessment and/or recommend treatment.
Aggravating Factors
Common aggravating factors include having a blood alcohol level of 0.15 or greater at a relevant time while driving or operating a motor vehicle, especially reckless driving leading to the stop, or an accident. It is also an aggravating factor to have a prior DWI conviction that occurred more than seven years before the offense date of the currently charged DWI or if your license is revoked at the time of the offense for any reason other than an impaired driving revocation.
Grossly Aggravating Factors
The presence of any single grossly aggravating factor automatically makes you at least a level two DWI. Two grossly aggravating factors make you a level one, and three make you an aggravated level one. Driving with a minor or a person with a developmental disability in your car only counts as one grossly aggravating factor but automatically makes you a level 1 DWI. Any prior DWI convictions within seven years each count as a separate factor. Other factors include causing a serious injury to another or driving while a license is revoked due to an impaired driving revocation.
DWI Sentencing
We will help you find mitigating factors and try to fight to prevent any grossly aggravators from applying if we can, but once your level is determined, there are still things we need to do to make your case as stress-free as possible. By helping you get a DWI assessment and community service or possibly treatment in advance, we may be able to help you avoid any jail time at all.