Durham & Chapel Hill NC DWI FAQs
a relevant time after the driving.
2. Especially reckless or dangerous driving.
3. Negligent driving that led to a reportable accident.
4. Driving by the defendant while his driver’s license was revoked (for a non DWI related offense).
5. Two or more prior convictions of a motor vehicle offense not involving impaired driving for which at least three points are assigned under G.S. 20-16 or for which the convicted person’s license is subject to revocation, if the convictions occurred within five years of the date of the offense for which the defendant is being sentenced, or one or more prior convictions of an offense involving impaired driving that occurred more than ten years before the date of the offense for which the defendant is being sentenced.
6. Conviction under N.C.G.S. 20-141.5 of speeding by the defendant while fleeing or attempting to elude apprehension.
7. Conviction under G.S. 20-141 of speeding by the defendant by at least 30 miles per hour over the legal limit.
8. Passing a stopped school bus in violation of G.S. 20-217.
9. Any other factor that aggravates the seriousness of the offense.
Mitigating Factors
These factors are offered by the defendant and can be (but aren’t required to be) used by the judge to mitigate a sentencing level:
1. The Defendant has voluntarily submitted his/herself to an alcohol or drug treatment center for an assessment of potential substance abuse problems.
2. A statutorily safe driving record for the previous five years.
3. Safe and otherwise lawful driving at the time of the offense.
4. A low BAC reading from the Intoxalizer 5000 (.08 or .09 results are considered low).
5. Impairment of the defendant’s faculties caused primarily by a lawfully prescribed drug for an existing medical condition, and the amount of the drug taken was within the prescribed dosage.
6. Any other factor that mitigates the seriousness of the offense.
The presumptive punishment for a DWI is Level 4 punishment. One grossly aggravating factor mandates Level 2 punishment. Two or more aggravating factors mandate level 1 punishment. If no grossly aggravating factors exist in a case, the judge weighs all aggravating and mitigating factors to decide between levels 3, 4, and 5. If the mitigating factors substantially outweigh the aggravating factors, then level 5 punishment is appropriate. Conversely, if the aggravating factors outweigh the mitigating factors in a case, level 3 punishment is appropriate.
Levels of Punishment for a DWI
Level 5:
Punishable by a fine up to 0 and a minimum jail sentence of 24 hours and a maximum of 60 days. A judge can suspend the sentence but upon completion that the driver spend 24 hours in jail or performs 24 hours of community service.
Level 4:
Punishable by a fine up to 0 and a minimum jail sentence of 48 hours and a maximum jail sentence of 120 days. A judge can suspend the sentence but upon completion that the driver spend 48 hours in jail or perform 48 hours of community service.
Level 3:
Punishable by a fine up to ,000 and a minimum jail sentence of 72 hours and maximum of six months. A judge can suspend the sentence only upon completion that the driver spend at least 72 hours in jail or perform 72 hours of community service.
Level 2:
Punishable by a fine up to ,000 and a minimum jail sentence of seven days and a maximum of one year. A judge CANNOT suspend the minimum sentence.
Level 1:
Punishable by a fine up to ,000 and a minimum jail sentence of 30 days and a maximum of two years. A judge CANNOT suspend the minimum sentence.
What happens after sentencing?
Defendants who are convicted of DWI (regardless of the level of punishment) lose their driver’s license. These defendants must complete a substance abuse assessment and comply with any recommended treatment as a condition for having their drivers license restored at the end of the revocation period.
During the revocation period, defendants convicted under Levels 3, 4, or 5 may receive a limited driving privilege provided certain conditions are met.
The Law Offices of John C. Fitzpatrick is dedicated to providing the finest quality legal services.
Our attorneys aggressively defend our clients’ rights, both inside and outside the courtroom, while adhering to the highest ethical standards. We treat each client like they are part of our family:
The Law Office of John C. Fitzpatrick helps people through the following difficult times:
Criminal Law or Traffic Defense – We will aggressively defend you from allegations of North Carolina criminal violations, ranging from traffic tickets for speeding or Driving While Impaired (DWI/DUI), to misdemeanors like shoplifting or domestic assault, to drug charges or white collar crime, and serious felonies, including homicide.
Personal Injury – If you have been injured in an accident, you may be entitled to financial compensation for your medical bills, pain, and even your time lost from work. Our experienced litigators will work diligently to help you recover every penny you deserve.
Divorce and Family Law – We handle all matters related to divorce and separation with compassion and sensitivity but most importantly, with great skill. Our legal team has experience with division of property, child custody, visitation, alimony, and modifications to court orders. We can also help your family grow by handling adoption.
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Our offices are conveniently located for clients in North Carolina, including but not limited to the Triangle (including Raleigh-Durham, Chapel Hill, Cary, Apex, and Holly Spring), and surrounding areas.
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