PROTECTING YOUR RIGHTS, PENALTIES WHEN CHARGED WITH A DWI OR DUI Everett Law Firm, P.A. is located in Chapel Hill serving Raleigh, Durham and many surrounding counties in North Carolina. Our lawyer's and attorney's objective is to evaluate your DWI or DUI case and explain your options while reviewing the various courses of action available based on the specific facts of your legal situation. For people found guilty of misdemeanor charges of Driving While Impaired (DWI) or Driving Under the Influence (DUI) in North Carolina, there are five (5) DWI/DUI punishment levels. Level One DWI/DUI is the most severe while Level Five DWI/DUI is the least severe. Below is a list of the statutory Grossly Aggravating Factors. Grossly Aggravating Factors cannot be counter-balanced by mitigating factors no matter how many mitigating factors may be present.  A prior conviction of any impaired driving offense(certain other charges that are not DWI also qualify) within seven years of the offense date of the Driving While Impaired charge constitutes a grossly aggravating factor. Driving while one's license is already revoked or suspended for a previous impaired driving offenseconstitutes another grossly aggravating factor. An accident occurring resulting in serious bodily injury to another person caused by the offender's impaired driving constitutes another grossly aggravating factor. The presence of a child under 16 years of age within the vehicle that the offender was operating constitutes another grossly aggravating factor. Here is a list of Statutory Aggravating Factors. A blood alcohol level of 0.16 or higher at any relevant time after driving or gross impairment of the offender's physical or mental faculties is an aggravating factor. Especially reckless or dangerous driving is another aggravating factor. If the defendant's driving has been found to be especially dangerous or reckless, another aggravating factor is present. Bad driving that causes an automobile accident severe enough that the accident is required by law to be reported to the authorities. Driving while one's license is already revoked due to a non-impaired driving offense is another aggravating factor. A poor driving record in the last 5 years would be another aggravating factor. Attempting to flee or elude arrest while the impaired driving offense was occurring is another aggravating factor. This aggravating factor is present when the person tries to run from the authorities. Speeding 30 mph or more while committing the impaired driving offense is another aggravating factor. Passing a stopped school bus while driving while impaired is another aggravating factor in impaired driving. Here is a list of Statutory Mitigating Factors. Slight impairment that resulted solely from the alcohol and ablood alcohol concentration of 0.09 or less is one mitigating factor. Very slight impairment of the offender's faculties that resultsolely from alcohol when no chemical analysis was readily available to the defendant. Lawful and safe driving except for the impairment of the defendant's faculties is another mitigating factor. A statutorily safe driving record is another mitigating factor. In North Carolina, to have a statutorily safe driving record, one must have no convictions for any four or more point tickets. Impairment that is solely caused by a lawfully prescribed medical drug that is taken in the properly prescribed dosage is also a mitigating factor. Obtaining a substance abuse assessment voluntarily is another mitigating factor. When one voluntarily goes and gets an assessment, that will count as a mitigating factor should be person be found guilty at trial. After seeing how many grossly aggravating, aggravating, and mitigating factors one has, one can determine the likely level of DWI he or she would be facing if convicted of the driving while impaired offense. Each penalty level for Driving While Impaired is accompanied by certain sentencing guidelines. They include: Level One DWI or DUI (2 or More Grossly Aggravating Factors): Level 1 DWI or DUI is the most severely punished misdemeanor in the State of North Carolina. Level Two DWI or DUI (1 Grossly Aggravating Factor):A Level 2 DWI or DUI is the second most severely punished misdemeanor driving while impaired offense. Level Three DWI or DUI (0 Grossly Aggravating Factors -Aggravating Factors Outweigh Mitigating Factors):Level 3 DWI punishment is used when there are no grossly aggravating factors, but the aggravating factors outweigh the mitigating factors. Level Four DWI or DUI (0 Grossly Aggravating Factors -Aggravating Factors Balance Mitigating Factors):Level 4 DWI punishment occurs when the mitigating and aggravating factors substantially balance each other out. The number of mitigating and aggravating factors do not have to be exactly the same, but just have to counteract each other enough to balance out in the judge's discretionary opinion. Level Five DWI or DUI (0 Grossly Aggravating Factors -Mitigating Factors Outweigh Aggravating Factors): Level 5 DWI is the lowest level Driving While Impaired charge available. The maximum active sentence is 60 days of imprisonment and a $200 fine If Convicted of a Driving While Impaired offense, one may be eligible for a Limited Driving Privilege under certain circumstances. Limited Driving Privileges are not available to Level 1 and Level 2 DWI’s (Driving While Impaired Offenses). In addition to the penalties imposed by the courts, those convicted of drunk driving will face insurance premiums that will increase dramatically. A conviction for DWI / DUI will cause you to receive twelve (12) insurance points. Twelve (12) insurance points will cause the driver’s insurance rates to increase three hundred sixty percent (360%) for a three (3) year period. See the North Carolina Department of Insurance webpage. In addition to the DWI/DUI penalties listed above, all convictions for DWI/DUI require a minimum revocation/suspension of your drivers’ license for a period of one (1) year. Under certain circumstances, those convicted of drunk driving can obtain a limited driving privilege (LDP). At Everett Law Firm, P.A., we can assist you in determining what level DWI you are for sentencing purposes as well as whether you are eligible to receive a limited driving privilege. If at the time of your arrest, you registered a blood alcohol concentration (BAC) of 0.15 or greater, you will be required to place an ignition interlock device on your vehicle as part of any driving privilege that you might receive. You will only be permitted to legally drive a vehicle with the ignition interlock; otherwise, you may be charged with Driving While License Revoked (DWLR). Contact Everett Law Firm, P.A. today to set up a free initial consultation about your DWI / DUI charges. We can be reached by e-mail or call us at (877) NC-DRUNK or (877) 623-7865 today. Se habla Español.