First, that you were driving a vehicle.

Second, that you were driving that vehicle upon a street, highway, or public vehicular area within the State.

Third, that at the time you were driving that vehicle:

LEVEL A1:  This is an aggravated Level 1 sentence, and requires the Court to find 3 or more Grossly Aggravating Factors as defined by statute.

LEVEL 1:  Requires the Court to find 2 or more Grossly Aggravating Factors as defined by statute. Grossly Aggravating Factors include, but are not limited to:

1. The conviction of a prior DWI within 7 years from the offense date of the current DWI (each prior conviction within 7 years counts individually as a grossly aggravating factor)
2. Driving on a revoked driver’s license due to a prior DWI conviction or revocation at the time of the offense
3. Having a child under the age of 18 in the car at the time of the offense
4. Causing serious injury to a person as a result of the impaired driving.

LEVEL 2: Requires the Court to find only 1 Grossly Aggravating factor, as described above.

LEVELS 3, 4 and 5: require the Court to find the existence of Aggravating Factors and Mitigating Factors, and then use a balancing test to arrive at an appropriate sentence.

• Level 3 – Aggravating Factors outweigh Mitigating Factors
• Level 4 – Aggravating Factors are even with Mitigating Factors
• Level 5 – Mitigating Factors outweigh Aggravating Factors

A BAC level of 0.15 or more

A prior conviction of DWI that occurred more than 7 years before the date of this offense

Especially reckless or dangerous driving

Negligent driving that led to property damage of $1,000.00 or more or personal injury

Driving by the defendant while his driver’s license was revoked for Non-DWI related reason

Two or more prior convictions of a motor vehicle offense for which at least 3 points are assigned within 5 years of the date of this offense OR one or more prior convictions of an offense involving impaired driving that occurred more than 7 years before the date of this offense

Conviction of speeding while fleeing or attempting to elude apprehension

Conviction of speeding by the defendant by at least 30 miles per hour over the legal limit

Passing a stopped school bus

Any other factor that aggravates the seriousness of the offense.

Slight impairment solely from alcohol and the alcohol concentration did not exceed 0.09

Safe and lawful driving, except for the impairment

Safe driving record, having no 4 point offenses within the last 5 years

Impairment was caused primarily by a lawfully prescribed drug for an existing medical condition, and the amount taken was the prescribed dosage

Completing a Substance Abuse Assessment

LEVEL A1:  Mandatory minimum of 120 days in jail (maximum of 3 years); A fine of up to $10,000.00 (this does not include other costs that will be required – see “How Much Will This Cost Me?” below)’ and revocation of your license.

LEVEL 1:  Mandatory minimum of 30 days in jail (maximum of 2 years); A fine of up to $4,000.00 (this does not include other costs that will be required – see “How Much Will This Cost Me?” below); and revocation of your license.

LEVEL 2:  Mandatory minimum of 7 days in jail (maximum of 1 year); A fine of up to $2,000.00 (this does not include other costs that will be required – see “How Much Will This Cost Me?” below); and revocation of your license.

LEVEL 3:  The Court is authorized to impose a suspended sentence (or a maximum of 6 months in jail) and a fine of up to $1,000.00 (this does not include other costs that will be required – see “How Much Will This Cost Me?” below).  Normally, the judge will impose a suspended sentence and require 72 hours of Community Service OR 72 hours in jail (your choice).  Your license will be revoked as well.

LEVEL 4:  The Court is authorized to impose a suspended sentence (or a maximum of 120 days in jail) and a fine of up to $500.00 (this does not include other costs that will be required – see “How Much Will This Cost Me?” below).  Normally, the judge will impose a suspended sentence and require 48 hours of Community Service OR 48 hours in jail (your choice).  Your license will be revoked as well.

LEVEL 5:  The Court is authorized to impose a suspended sentence (or a maximum of 60 days in jail) and a fine of up to $200.00 (this does not include other costs that will be required – see “How Much Will This Cost Me?” below).  Normally, the judge will impose a suspended sentence and require 24 hours of Community Service OR 24 hours in jail (your choice).  Your license will be revoked for a period of 1 year (usually – see “License Revocation Period” below).

1^st Offense:  This means you’ve never had a prior DWI conviction.  Your license will be revoked by DMV for 1 year.

2^nd Offense:  If you have 2 DWI convictions within a 3 year period, DMV will revoke your license for 4 Years.  If your second offense is outside of this 3 year period, your revocation will be for 1 year.

3rd Offense:  If you have 3 DWI convictions within a 10 year period (the 2^nd and 3^rd of which occurred within 5 years of each other), DMV will permanently revoked your license.  However, you may be eligible for a hearing to get your license back after a 3 year period.

Court Costs: $290

Fines: Depends on Level of Punishment (see above)

Community Service Fee: $250 (This is only a choice for Levels 3, 4 and 5)

Jail: $40 per day

Limited Driving Privilege: $100 (If applicable)

Keep your court dates: You should always keep up with your court dates. You can check pending dates by visiting: http://www1.aoc.state.nc.us/www/calendars/CriminalQuery.html

Complete your alcohol assessment: As mentioned above, completing an Alcohol Assessment before conviction is considered a mitigating factor and may help with your sentencing.  However, this will only help if you are a Level 3, 4, or 5.  After completing the Alcohol Assessment, you will be recommended to sign up for a series of Alcohol Classes.  There is a cost associated with both the Alcohol Assessment and the Alcohol Classes.

1. If you are convicted, you will be required to complete the recommended classes as a part of your Judgment.
2. If you are found not guilty, or your case is dismissed, you will not be required to complete the classes.The trick is, you only have only 6 months from the date of your Alcohol Assessment to sign up for the recommended Alcohol Classes before you must complete another Alcohol Assessment.  It is up to you to decide whether you want to go ahead and complete the recommended Alcohol Classes, or if you want to risk your case being continued further than 6 months and have to complete another Alcohol Assessment.

Prepare a summary: Our memories fade with time.  As such, we recommend preparing a summary of events regarding your DWI stop and arrest.  It is helpful to break down your summary into the following sections:

1. The Stop – Everything that happened up to the Stop of your vehicle.  What did you do earlier that day?  Where were you going right before you were pulled?  Where were you coming from?  Why did the officer stop your vehicle.
2. The Arrest – In as much detail as possible, what happened from the time the officer approached your vehicle, to the time you were placed under arrest and transported to the jail.  This would include any Field Sobriety Tests, any questions asked, and any statements you remember making to the Officer.
3. Back at the Station – Write about what happened back at the station.
4. Witnesses – Write down any witnesses who saw you that night, either during the DWI stop, right before, or right afterwards.  List their name, contact information, and the information they would testify to in court.

Take Pictures: It can be very helpful to have pictures of the area where the officer stopped you, and where you may have completed Field Sobriety Tests.  Try to get landmarks (i.e., street signs, recognizable buildings) in the frame so that the Court can tell where your picture was taken.