Answer first: North Carolina sentences DWI under G.S. 20-179 after a required sentencing hearing.
How the level is chosen
If three or more grossly aggravating factors apply, the judge must impose Aggravated Level One. Certain combinations require Level One. One qualifying grossly aggravating factor typically yields Level Two. Without grossly aggravating factors, aggravating versus mitigating factors determine Levels Three, Four, or Five under the statute.
Related
Source: G.S. 20-179 (ncleg.gov). Confirm current ranges on ncleg.gov; the General Assembly amends them.
FAQ
What statute sets NC DWI sentencing levels?
G.S. 20-179 requires a sentencing hearing after impaired-driving conviction and directs the judge to find grossly aggravating, aggravating, and mitigating factors before imposing Aggravated Level One through Level Five.
What are grossly aggravating factors?
G.S. 20-179(c) includes, among others, a prior impaired-driving conviction within seven years (with additional timing rules), driving with a child under 18 in the vehicle, serious injury to another caused by impaired driving, and driving while license was revoked for an impaired-driving revocation. Read the full statute on ncleg.gov.
Does higher BAC alone set Level One?
Alcohol concentration is important evidence and can be an aggravating factor, but the level is set by the combination of factors found at the G.S. 20-179 hearing—not by BAC alone.
General information about North Carolina law, not legal advice. Not an attorney-client relationship. No outcome guaranteed. Statutes: ncleg.gov. Legal services by Martine Law, PLLC. Attorney advertising.