Although “driving under the influence” (DUI) and “driving while impaired” (DWI) are often used interchangeably, the latter is the official charge in North Carolina if you’re arrested for driving while intoxicated. The charges you’ll face for this crime depend on a variety of factors, including any previous convictions and your blood alcohol content (BAC). Below is an overview of the levels of punishment you can expect with this conviction. 

6 DWI Levels in North Carolina

1. Level Five

If defendants had a BAC over 0.08% but were following traffic laws and driving safely, they're subject to a level five sentence, as long as there were no aggravating factors. Some of the more common aggravating factors include a BAC over 0.15%,  having two previous traffic offenses on your record, or driving more than 30 miles per hour over the speed limit. Although a level five is considered the least serious offense, a conviction will still result in a $200 fine and up to 60 days in jail.

2. Level Four

If the court finds aggravating factors in your case but they’re counterbalanced by mitigating factors — such as following traffic laws — you may face a level four DWI. This is punishable by $500 and up to 120 days in jail.

3. Level Three

If aggravating factors outweigh the mitigating factors, you’ll likely face a level three charge. A conviction at this level carries a maximum jail sentence of six months and a fine of at least $1,000. You may also be required to complete a substance abuse counseling program.

4. Level Two

If there is a grossly aggravating factor surrounding your arrest, it may result in a level two DWI sentence. This carries penalties of up to one year in jail and fines of up $2,000. Grossly aggravating factors include previous DWI convictions or causing an accident that injures another party.

5. Level One

If your case involves two grossly aggravating factors or you had a minor in the vehicle, you’ll be subject to a level one sentence. Upon conviction, you may face $4,000 in fines and be sentenced to a maximum prison sentence of 24 months. The judge can suspend a portion of this sentence, but you may have to submit to continuous alcohol monitoring for up to 120 days.

6. Aggravated Level One 

An aggravated level one sentence is the most serious, reserved for cases with three or more grossly aggravating factors. Fines can reach $10,000, while jail terms may be up to 36 months. Additionally, you may be required to complete a substance abuse training program and refrain from alcohol for a period specified by the judge.

If you’ve been accused of a DWI, a skilled defense attorney can protect your rights and help you navigate your case. The Law Offices of H.A. (Alec) Carpenter IV has been serving defendants throughout Greensboro, NC, since 1997, providing reliable results in the most difficult situations. Visit the website for more on their services, or call (336) 333-5255 to schedule a consultation today.