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

Prior DWI/DUI conviction within 7 years from the date of arrest for a new DWI/DUI, as well as convictions occurring after the date of the offense, but present at time of sentencing for the offense in question.
Driving with a revoked license at the time of the offense due to a prior conviction from an alcohol related offense.
Serious injury to another person caused by the defendant’s impaired driving at the time of the offense.
Driving by the defendant with a child under age 16 in the vehicle at the time of the offense.

Aggravating Factors

Gross impairment of the defendant’s faculties while driving, or an alcohol concentration of .15 or more within a relevant time after the driving.
Especially reckless or dangerous driving.
Negligent driving that led to a reportable accident.
Driving by the defendant while his driver’s license was revoked.
One or more prior convictions of an offense involving impaired driving that occurred more than 7 years before the date of the offense for which the Defendant is being sentenced.
Speeding by the defendant at least 30 miles per hour over the legal limit.

Mitigating Factors

Slight impairment of the defendant’s faculties resulting solely from alcohol, and an alcohol concentration that did not exceed .09 at any relevant time after driving.
Driving at the time of the offense that was safe and lawful except for the impairment of the defendant’s faculties.
A safe driving record with the defendant having no convictions for any motor vehicle offense to which at least 4 points are assigned within 5 years of the date of the offense.
The Defendant has voluntarily submitted to a mental health facility for an assessment after being charged with the impaired driving offense for which he is being sentenced and, if recommended by the facility, the defendant’s voluntary participation in the recommended treatment.

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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