Driving Privilege:1. If you register .08 or greater in a blood or breath test, you lose your privilege to drive in North Carolina (and your license, if it is a North Carolina license) for 30 days.
2. Often you are eligible for a privilege to drive after 10 days if you comply with statutory procedure.Court Dates:
Sometimes you can be excused from appearing at court dates.Suppression Hearing:
The Court may suppress some or all of the evidence against you if your constitutional rights have been violated. Your attorney may file motions to suppress. It occurs anywhere 4 weeks to 2 years after you are charged.Trial:
First there is a trial to a judge sitting as judge and jury. If you are found guilty, you can appeal and ask for a jury of twelve to hear your case They will not be told of the first verdict.Sentencing:
The Court imposes a sentence after a conviction at trial or after a plea bargain is accepted and a plea entered. Sentences may include jail time, in home detention, public service, alcohol classes, community service, license suspension, supervised probation and fines.
Summary of the Law
In North Carolina there are two types of DWI’s that are felonies. Felony death by motor vehicle, which a person is charged with if someone dies in an accident that was caused by a drunk driver. Felony death by motor vehicle can also be charged as second degree murder.The other felony is habitual DWI, which a person is charged with if it is their fourth DWI conviction within seven years. A plea or verdict of guilty of habitual DWI requires a judge to sentence you to no less than one year in the Department of Corrections. That sentence cannot be suspended and is the absolute minimum sentence. Most judges give a much longer sentence than the minimum for habitual DWI.
All other DWI’s are misdemeanors.
After a conviction of misdemeanor DWI, the judge must hold a separate sentencing hearing and determine the appropriate level of punishment. At that hearing, the judge determines if there are any grossly aggravating factors. These factors are prior DWI convictions, driving while license revoked for DWI or alcohol related offenses, serious injury to another person, or driving with a child under the age of 16 years old.
Two or more grossly aggravating factors leads to a level one sentence. If there are no grossly aggravating factors, the judge will weigh aggravating and mitigating factors to determine if the defendant should be sentenced under level three, four, or five. If the aggravating factors outweigh the mitigating factors, level three punishment is imposed. If the aggravating and mitigating factors are equal, level four punishment is imposed.
If that judge finds one grossly aggravating factor, you would be sentenced under level two. If the judge orders a level two punishment, he must sentence you to 7 days in jail minimum and one year maximum, and will order supervised probation and an fine.
If the judge orders a level three punishment, you will be ordered to choose one of the three following options: (1) 72 hours of community service ($100 fee), (2) 72 hours in jail ($15 per day fee) (3) 90 days of no driving after conviction. Plus, if you are convicted and sentenced at level three, the judge will order you to pay a fine between $250-$1000 plus $90 as the cost of court. In addition, at level three the judge can sentence you to an active sentence of up to 120 days in jail. Most judges do not sentence people to active terms on level three, four, or five.
Also, If you are convicted at level three, four, or five, the judge will order you to complete an assessment for alcohol problems and follow the recommended treatment program. The judge will likely impose a suspended sentence and place you on unsupervised probation though supervised probation is an option. Your license will be suspended for one year and you will generally be allowed a limited driving privilege, which allows you to drive to and from work.
If you are convicted and sentenced at level four, the same conditions will apply except you will chose between 48 hours of community service, 48 hours of jail, or 60 days not driving. The fine ranges from $200-$1000 plus $90 as the cost of court. The maximum jail term is 90 days.
If you are convicted and sentenced at level five, you will be ordered to chose between 24 hours of community service, 24 hours of jail, or 30 days not driving. The fine ranges from $100-$1000 plus $90 as the cost of court. The maximum jail term is 60 days.
On the other hand, if the mitigating factors outweigh the aggravating factors, level five punishment is imposed. If the judge orders a level one punishment, he must give the defendant no less than 30 days active and no more than two years, and will order supervised probation and a fine.
Now, I know all of this is probably confusing. And that’s because it actually is confusing. Sometimes laws are just that way.
