DWI in North Carolina contains six punishment categories, and the application of each is determined by the details of the case, including the arrested person’s blood alcohol content, previous DWI convictions, etc. These categories are influenced by mitigating and aggravating factors such as reckless driving or causing an accident. The level of punishment also depends on whether or not the defendant was accompanied by a minor.
Category 2 DWI Punishment
A level 2 DWI punishment is imposed when there is no minor in the vehicle and at least one aggravating factor. Punishment includes: driver’s license suspension for one year, a fine of up to $2,000, plus jail time of 7 days to 12 months (which may be suspended as a condition of special probation); and substance abuse education or treatment (if probation is imposed).
Category 1 DWI Punishment
Level 1 DWI punishment contains harsher penalties for a DWI case. This applies either when there is a minor in the vehicle or when two aggravating factors are present. The Level 1 punishment for DWI includes: driver’s license suspension for one year (though an limited driving privilege may be granted to go to work), a fine of no more than $4,000, jail time between 30 days to 24 months (which may be suspended) and substance abuse education and treatment if probation is imposed.
Category 1A DWI Punishment
This is the most severe. If there are three or more aggravating factors in the case a Level 3 DWI punishment will likely include: driver’s license suspension for one year, a fine of up to $10,000; jail time between 12 and 36 months (with no eligibility of parole, though the term may be suspended as a condition of special probation); and if probation is imposed the defendant must abstain from alcohol for at least 120 days and undergo substance abuse education or treatment.
If you wish to learn about the lesser punishment categories, or if want to know how to fight your DWI case, the law firm of Kurtz & Blum vigorously defends their client’s rights. To contact a Raleigh DWI attorney, please call 919-832-7700.