According to the Centers for Disease Control and Prevention, someone dies from an alcohol-related automobile accident every 51 minutes in the United States. It should go without saying that drinking and driving is never a good combination. It’s even more important to remember during the holidays travel increases 54 percent from Thanksgiving to New Year’s. Being charged with a DWI is damaging on its own, but there are 11 factors that can impact the charge and possibly result in a much more severe sentence.

Drunk driving attorneys know all too well the DWI statistics that hover over alcohol-related charges occurring from November to January.  According to the National Highway Traffic Safety Administration, 37,133 people died in traffic crashes in 2017 in the United States (latest figures available), including an estimated 10,874 people who were killed in drunk driving crashes involving a driver with an illegal BAC (.08 or greater).

DWI convictions in North Carolina fall into one of several sentencing levels, with Level 5 being the least severe and Aggravated Level 1 being the most severe. When sentencing someone convicted of DWI, a judge will weigh three sets of factors: aggravating, grossly aggravating and mitigating.

Sentencing/Punishment for DWI

Mitigating factors, as well as any aggravated aggravating and grossly aggravating factors, will be considered by the judge along with all of the evidence.   If the judge finds that there are no grossly aggravating factors present, and that the mitigating factors outweigh the aggravating factors, the defendant will be sentenced at a Level 5 punishment – meaning the defendant will generally have the option of serving 24 hours in jail, or doing 24 hours of community service.  If the judge finds that no grossly aggravating factors are present, but that the aggravating factors counterbalance or outweigh the mitigating factors, the defendant will be sentenced at a Level 4 or 3 – meaning the defendant will generally have the option of either serving 48 or 72 hours in jail or doing community service, respectively. If the judge finds the presence of 1, 2 or 3+ grossly aggravating factors, the defendant will be sentenced at Level 2, 1 or Aggravated Level 1, respectively – and likely receive active jail time.

Any conviction for DUI in North Carolina will result in a defendant’s license being revoked for at least one year.  But if a defendant is only sentenced at a Level 3, 4 or 5 punishment (no grossly aggravating factors), then a judge can grant a “limited driving privilege” which will allow the defendant to drive during business hours to and from work/school.  However, before a defendant is eligible for a limited driving privilege, the defendant must undertake a substance abuse assessment and comply with any treatment recommendations – typically at least 20 hours counseling.

Conclusion

The winter season is a time for celebration, not tragedies. Make the appropriate plans now to enjoy the holidays responsibly and avoid any DWI-related circumstances at all costs. If you or someone you know needs an experienced drunk driving attorney over the holidays, contact us for a free consultation.