DWI/DUI Sentencing Factors and Penalties

DWI/DUI Sentencing Factors and Penalties

If you are convicted of DWI/DUI or plead guilty to the offense, the judge is required to conduct a sentencing hearing.  At the sentencing hearing both sides will have the opportunity to introduce evidence of grossly aggravating, aggravating, and mitigating factors, which the judge will use to determine your DWI/DUI sentencing level. Each sentencing level has a statutory punishment range and fine structure that the judge must follow in determining your sentence.  The court will impose a sentence ranging from aggravated level 1 to a level 5.  An aggravated level 1 punishment is the most severe punishment that can be imposed, while a level 5 is the most lenient. The following is a list of some of the grossly aggravating, aggravating, and mitigating factors that the court may take into account in determining a person’s sentencing level.  If you are convicted or plead guilty to DWI, the Law Offices of Banks Huntley will be your voice to the court and will bring to light all factors that may help to reduce your sentence.  Contact the Law Offices of Banks Huntley for a FREE Confidential Consultation at (704) 910-6278.

Grossly Aggravating Factors

Aggravating Factors

Mitigating Factors

DWI/DUI Punishment Levels:

Aggravated Level 1 – 12 months to 36 months jail time with a mandatory 4 month jail time requirement, fine of up to $10,000, driver’s license suspension, alcohol assessment or treatment required to restore driver’s license.

Level 1 – 30 days to 24 months jail time, fine of up to $4,000, driver’s license suspension, alcohol assessment or treatment required to restore driver’s license.

Level 2 – 7 days to 12 months jail time, fine of up to $2,000, driver’s license suspension, alcohol assessment or treatment required to restore driver’s license.

Level 3 – 72 hours to 6 months jail time, fine of up to $1,000, driver’s license suspension, possible suspension of jail sentence in return for 72 hours of community service.

Level 4 – 48 hours to 120 days jail time, fine of up to $500, driver’s license suspension, possible suspension of jail sentence in return for 48 hours of community service.

Level 5 – 24 hours to 60 days jail time, fine of up to $200, driver’s license suspension, possible suspension of jail sentence in return for 24 hours of community service.

 

Why The Law Offices of Banks Huntley

Banks Huntley has years of experience with DWI/DUI charges and his practice is devoted strictly to criminal defense.  Mr. Huntley is in court on a daily basis helping clients fight their DWI/DUI charges and he is good at it.  Mr. Huntley is a former North Carolina State Prosecutor who has prosecuted hundreds of DWIs in district and superior court.  With his understanding of how the state is going to prosecute your case, he can provide a comprehensive and thorough defense.  Almost every DWI/DUI has holes in the case; Mr. Huntley will be able to find those holes and use them to your advantage. When so much is on the line you need an attorney who has been to battle before and knows how to obtain a favorable verdict for his client.   Contact the Law Offices of Banks Huntley for a FREE Confidential Consultation with an experienced DWI/DUI attorney at (704) 910-6278.

 

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