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North Carolina Notice of Grossly Aggravating and Aggravating Factors (DWI)
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FAQ
Level Three DWI punishment will be imposed if there are no Grossly Aggravating Factors involved and the Mitigating Factors and Aggravating Factors are considered equal and balance each other out. Level Three is punishable by a fine up to $1,000 and a minimum jail sentence of 72 hours and a maximum of six months.
Level Four DWI is imposed if the Mitigating Factors outweigh the Aggravating Factors. Level Four conviction is punishable by a fine up to $500 and a minimum jail sentence of 48 hours and a maximum of 120 days. A judge can suspend the sentence.A judge can suspend the sentence.
Level 5 DWI Punishment: Level 4 DWI Punishment: Level 3 DWI Punishment: Level 2 DWI Punishment: Level 1 DWI Punishment: Aggravated Level 1 (A1) DWI Punishment:
Level 2 DWI Punishment: A Level 2 DWI sentence is imposed if there are no minor children (under 18) in the vehicle and grossly aggravating factors present and the aggravating factors substantially outweigh any mitigating factors.
There is a five-tiered sentencing structure for North Carolina DWIs. Level 5 is the most common for a first-time DWI offender who has no aggravating factors at play in his case. Level 5 entails a jail sentence of 24 hours to 60 days and a maximum fine of $200.
Although a DWI charge will not be reduced in North Carolina, if you a charged with multiple crimes along with your DWI an experienced attorney can negotiate with the prosecutor to have those charges dismissed pursuant to a plea.
Aggravating factors include recidivism, lack of remorse, amount of harm to the victim, or committing the crime in front of a child, among many others. The recognition of particular aggravating factors varies by jurisdiction.
There is a five-tiered sentencing structure for North Carolina DWIs. Level 5 is the most common for a first-time DWI offender who has no aggravating factors at play in his case. Level 5 entails a jail sentence of 24 hours to 60 days and a maximum fine of $200.