As a first time offender in North Carolina, there are 5 sentencing levels for DWI offenses ranging from Level 1, the most serious, to Level 5, the least serious. The judge in your particular case will analyze a number of specific factors to determine the sentencing level for your offense. In general, jail time and fines are determined along the following graduated scale, though there are no mandatory minimums for sentencing purposes. If you want to know more about the specific factors that lead to each sentencing level, click here. To find out more about punishments for DUI offenses in North Carolina, check out our previous post here.
- Level 5 : 24 hours to 60 days in jail, not more then $200 in fines
- Level 4 : 48 hours to 120 days, not more than $500 in fines
- Level 3 : 72 Hours to 6 months, not more than $1,000 in fines
- Level 2 : 7 days to 1 year, not more than $2,000 in fines
- Level 1 : 30 days to 2 years, not more than $4,000 in fines
Pre-Conviction: Your charge for DWI will result in an immediate 30 day civil revocation of your license, though you may qualify for a limited conditional license after 10 days if you don’t have a prior conviction for an impaired driving offense and if you are willing to participate in substance abuse treatment.
Post-Conviction: Limited driving privileges may be issued at the judge;’s discretion of you are not charged as a Level 1 or 2 offender, did not refuse the implied consent test and have agreed to participate in substance abuse training or treatment. If you refused the implied consent test and have not had a previous refusal or DWI conviction in the last 7 years, you may receive a limited driving privilege license after a 6 month revocation period.
Next time we will discuss the facts that go into a judge’s determination of your sentencing level for DWI convictions. Contact us if you want help now.