Fees/Costs/Punishment Levels of a DWI Conviction
In North Carolina, there are 5 levels of punishment for one being convicted or pleaing to a DWI. The least severe is Level 5 and the most severe is Level 1. There are many factors that will affect your sentencing if you either plea or are found guilty of Driving While Intoxicated/Driving Under the Influence. Essentially the factors are broken down into two categories: 1) Mitigating, and 2) Aggravating. A mitigating factor is one which reduces the severity of the sentencing and an aggravating factor enhances the severity of the sentencing. The test is which set of factors “outweighs” the other is a subjective test which is decided by the presiding judge (or jury if in Superior Court), and varies greatly from judge to judge. Within the aggravating factors, there are some which are considered “grossly aggravating.” If you have more than one grossly aggravating factor being offered to the court, then the judge MUST sentence you to a Level One punishment. If there is but 1 grossly aggravating factor, the judge MUST sentence you to a minimum of Level 2 punishment.
| Punishment Level | Potential Active Time | Can Active Be Suspended? | Fines (Up To) | Probation an Option | Community Service | Other |
|---|---|---|---|---|---|---|
| Level 1 | Not less than 30 day not more than 24 months. | Only if a term of special probation is imposed to require defendant to serve 30 days | $4,000.00 | Yes | Yes | Substance abuse treatment |
| Level 2 | Not less than 7 days not more than 12 months | Only if a term of special probation is imposed to require defendant to serve 7 days | $2,000.00 | Yes | Yes | Substance abuse treatment |
| Level 3 | Not less than 72 hours not more than 6 months | Yes, if certain conditions are met | $1,000.00 | Yes | Yes | Substance abuse treatment |
| Level 4 | Not less than 48 hours not more than 120 days | Yes, if certain conditions are met | $500.00 | Yes | Yes | Substance abuse treatment |
| Level 5 | Not less than 24 hours not more than 60 days | Yes if certain conditions are met | $200.00 |
*Note that the monetary fines listed are exclusive of Cost of Court, Cost of Substance Abuse Assessments, Community Service Fees, Interlock Installation and Maintenance Fees, or Legal Fees.