Dysart Willis
24/7 access to a lawyer:
Raleigh 919-741-4825 Henderson 252-776-0069
En Español : 919-747-3276
Arabic : 252-654-4852
English Text
Español Text
Arabic Text
En Español : 919-747-3276
Arabic : 252-654-4852
Free Consultations 24/7 access to a lawyer. We are here WHENEVER you need us. 24/7 access to a lawyer | our locations
919-741-4825 Raleigh 252-776-0069 Henderson

Understand the levels of sentencing for DWI in North Carolina

If you face DWI charges in North Carolina, it may be helpful to know what may happen. In the State of North Carolina, there are several different levels that the courts consider to determine an individual’s penalty when found guilty. Understand what you could be facing by reviewing the different levels of sentencing in a DWI case.

Each level is determined by looking at a number of factors, including details of the DWI incident, your driving record and history, any prescription medications you take, and your BAC. The North Carolina Department of Public Safety provides a detailed description of the sentencing for each violation level. These details fit into one of two categories: aggravating and mitigating factors. Aggravating factors are aspects that prove fault, and the prosecution generally presents them. On the other hand, mitigating factors are presented by the defense and show reasons the court should be lenient. The weight of each type of factor heavily influences the level chosen for sentencing.

Level 5 is the lowest offense level that most first-time offenders face. In such cases, there are no gross aggravating factors and some mitigating factors. If there are no gross aggravating factors but the mitigating factors balance with other aggravating factors, then the guilty party may receive a Level 4 sentencing. Should there be no gross aggravating factors but the additional aggravating factors outweigh the mitigating factors, then the defendant may face Level 3 sentencing.

Level 2 and Level 1 sentencing are for the most detrimental cases and therefore carry harsher sentences. Regardless of mitigating factors, if there is one grossly aggravating factor, the guilty party will most likely face a Level 2 sentence. Should there be two grossly aggravating factors, or if there is a minor in the vehicle during the offense, the defendant will probably receive a Level 1 sentence.

Understanding the different sentencing levels can help you and your attorney prepare for your trial properly. Considering the seriousness of the charges and punishment faced, it is critical to have the right support in your corner.


Our Results

  • Client was charged in federal court with the felony offense of being an illegal alien in possession of a firearm. After negotiation with the US Attorney's Office, the felony gun charge was dismissed and our client...

  • Our client was charged with statutory rape and faced mandatory registration as a sex offender if convicted. We were able to work with a forensic expert and the district attorney's office to negotiate a guilty plea..

  • Client charged with Felony Assault on a Police Officer, misdemeanor assault, and resisting an officer. After a jury trial where multiple police officers testified about the incident, our client was found not guilty ..

  • Client investigated by federal law enforcement for possessing child pornography. Ryan began representing the client during the investigation and ultimately the client was not charged with any crimes...

View More
Super Lawyers Board Certified Specialist | North Carolina State Bar | Federal / State Criminal Law
Email Us For A Response

We Can Help! Request A Free Initial Consultation:

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Raleigh Office:
507 N. Blount Street
Raleigh, NC 27604

Toll Free: 800-599-4428
Phone: 919-741-4825
Fax: 919-882-1222
Raleigh Law Office Map

Henderson Office:
1108 Dabney Drive
Henderson, NC 27536

Phone: 252-776-0069
Map & Directions

Statewide Criminal Defense