In North Carolina, a DWI conviction requires attendance at a DWI sentencing hearing where the judge considers factors presented by the District Attorney and Defense Attorney. Depending on the determination of these factors, the defendant is sentenced according to the following guidelines:

Level 5 – Least severe DWI sentence, carries a penalty of minimum 24 hours and maximum 60 days in jail, a maximum fine of $200.00, and probation conditions including 24 hours of community service and substance abuse assessment and treatment.

Level 4 – Equal mitigating and aggravating factors, penalty includes a maximum of 120 days in jail, maximum fine of $500.00, and probation conditions including 48 hours in jail, 48 hours of community service, and substance abuse assessment and treatment.

Level 3 – Aggravating factors outweigh mitigating factors, penalty includes a maximum of 180 days in jail, maximum fine of $1,000.00, and probation conditions including 72 hours in jail, 72 hours of community service, and substance abuse assessment and treatment.

Level 2 – One grossly aggravating factor, penalty includes a maximum of one year in prison, minimum of seven days in prison, maximum fine of $2,000.00, and substance abuse assessment and treatment.

Level 1 – Two grossly aggravating factors or one grossly aggravating factor with a child, mentally challenged individual, or physically disabled individual present in the vehicle, penalty includes a maximum of two years in prison, minimum of thirty days in prison, maximum fine of $4,000.00, and substance abuse assessment and treatment.

Level A1 – Three or more grossly aggravating factors, penalty includes a minimum of 12 months and a maximum of 36 months in prison, and a maximum fine of $10,000.00.

It is important to note that while the guidelines limit a judge’s discretion, there is still a great deal of flexibility in the sentencing process. If you have questions about the DWI process or need case-specific guidance, reach out to a qualified attorney.

Need Some Guidance?

If you have any further questions about the DWI process (have a look at our FAQs) or need something case specific, feel free to reach out. I am always happy to review a case and give you honest feedback on where you stand and how it should be addressed. I handle DWI defenses out of the following North Carolina areas: All of Pender County (Hampstead, Topsail, Burgaw, Surf City, Atkinson) and New Hanover (Wilmington, Wrightsville Beach, Carolina Beach, Ogden, Monkey Junction).

Let's Connect.

We offer free consultations to review your case, answer questions, and discuss your options for defense.

Reach out today to schedule yours. 

(910) 256-8044


Brett Wentz Law Contact Form
Sending

Back to Top