Below is an overview of the three categories of sentencing factors that a judge must consider in determining which level is appropriate in a North Carolina DWI judgement. Three three categories are: grossly aggravating factors, aggravating factors, and mitigating factors.

Grossly Aggravating Factors

• A prior DWI conviction within 7 years of the arrest date of the current offense;
• A DWI conviction while the current DWI is pending;
• Current offense was committed while the person’s license was revoked for a prior DWI;
• The offense resulted in serious injury to another person;
• A child under the age of 18 or a handicap person was in the vehicle during the offense.

If one or more of these factors are present, the person will be sentenced at one of three punishment levels: Aggravated Level 1, Level 1, or Level 2. A discussion of these punishment categories can be found here.

Aggravating Factors

• An alcohol reading of 0.15 or higher;
• Especially reckless or dangerous driving;
• Negligent driving that led to a reportable accident;
• Driving while the person’s license was revoked;
• Two or more prior traffic convictions (not involving impaired driving) of which 3 points were assigned;
• Speeding at least 30 mph over the speed limit;
• Passing a stopped school bus;
• Any other factor that aggravates the seriousness of the crime

Mitigating Factors

• Slight impairment, an alcohol reading of .09 or lower;
• Safe and lawful driving other that impairment;
• A Safe driving record;
• The impairment was due to a lawfully prescribed medication;
• Voluntary submission to a mental health facility for an assessment;
• Completion of a substance abuse assessment and 60 days of continuous abstinence from alcohol.