1. DWI Sentencing Overview
Jamie Markham
Associate Professor of Public Law & Government
May 6, 2016

2. DWI Sentencing G.S. 20-179, not Structured Sentencing Applies to: DWI
Commercial DWI
Second/subsequent conviction for operating a commercial vehicle, school bus, child care vehicle, emergency or law enforcement vehicle after consuming

3. DWI Sentencing Six levels Determined by: Grossly aggravating factors
Aggravating and mitigating factors

4. Grossly Aggravating Factors
Prior DWI conviction within 7 years
Driving while license revoked for DWI
Causing serious injury to another
Driving with the following in the car:
A child under 18
A person with the mental development of a child under 18
A person with a physical disability

5. Aggravating Factors Gross impairment (BAC 0.15+)
Especially reckless/dangerous driving
Prior motor vehicle offenses or prior DWI occurring more than 7 years ago
Any other factor that aggravates the seriousness of the offense

6. Mitigating Factors Slight impairment (BAC < 0.09)
Safe driving aside from impairment
Safe driving record
Voluntary submission to substance abuse assessment and treatment
Completion of 60 days of Continuous Alcohol Monitoring (CAM)
Any other mitigating factor

7. Aggravated Level One 3 x GAF Conviction Level One Level Two
2 x GAF or
1 x GAF for driving with impermissible person in vehicle
Conviction
Level One
1 x GAF other than driving with impermissible person in vehicle
Level Two
Level Three
Agg. > Mitig.
No Agg. or Mitig., or
Agg. = Mitig.
Level Four
No GAF
Level Five
Mitig. > Agg.

9. Level Five Imprisonment: If suspended must include at least:
Minimum of not less than 24 hours
Maximum of not more than 60 days
If suspended must include at least:
24-hour split, or
24 hours community service
Preference for unsupervised probation
Parole [theoretically] possible

10. Level Four Imprisonment: If suspended must include at least:
Minimum of not less than 48 hours
Maximum of not more than 120 days
If suspended must include at least:
48-hour split, or
48 hours community service
Preference for unsupervised probation
Parole [theoretically] possible

11. Level Three Imprisonment: If suspended must include at least:
Minimum of not less than 72 hours
Maximum of not more than 6 months
If suspended must include at least:
72-hour split
72 hours community service
Preference for unsupervised probation
Parole [theoretically] possible

12. Level Two Imprisonment: If suspended must include at least:
Minimum of not less than 7 days
Maximum of not more than 12 months
If suspended must include at least:
7-day split, or
90 days Continuous Alcohol Monitoring (CAM)
Parole possible

13. Level One Imprisonment: If suspended must include at least:
Minimum of not less than 30 days
Maximum of not more than 24 months
If suspended must include at least:
30-day split, or
10-day split days of CAM
Parole possible

14. Aggravated Level One Imprisonment: If suspended must include at least:
Minimum of not less than 12 months
Maximum of not more than 36 months
4 months post-release supervision
If suspended must include at least:
120-day split days of CAM
No parole

16. DWI Probation Five year maximum probation period
Special probation (split sentence) rule:
No more than ¼ maximum authorized punishment
Served in the local jail or treatment facility
No sentence reduction credits for splits
Preference for unsupervised probation for Levels Three, Four, and Five

17. DWI Active Sentences
Place of confinement
Sentence administration

18. Place of Confinement
Statewide Misdemeanant Confinement Program (SMCP)

19. Sentence Administration
Minimum and maximum
Sentence reduction credit (Good Time)
Parole

20. Sentence Administration
Level One

21. Level One DWI 30 days to 24 months
30 days
12 months
24 months

22. Level One DWI 30 days to 24 months
24 / 5 = 4.8
24 months
Parole eligible
2.4
30 days
4.8 months
12 months
24 months

23. Level One DWI 30 days to 24 months
G.S (p)
DART-Cherry / Black Mountain
Parole eligible
30 days
12 months
24 months

24. Level One DWI 30 days to 24 months
Parole eligible
30 days
12 months
24 months

25. Level One DWI 30 days to 24 months
Full sentence served in 12 months
Parole eligible after 30 days
Level One DWI 24 months to 24 months
Full sentence served in 12 months
Parole eligible after 2.4 months
Parole eligible
30 days
12 months
24 months

27. Aggravated Level One DWI 12 months to 36 months
12 months
32 months
36 months

28. Aggravated Level One DWI 12 months to 36 months
Release onto PRS after 32 months
No sentence reduction credit
No parole
36 months to 36 months
Release onto PRS after 32 months
12 months to 12 months
Release onto PRS after 8 months

30. Average Level One
actual prison time:
< 7 months
Expected Aggravated
Level One average sentence: 31 months
Expected Aggravated
Level One prison time:
8.7 months

31. Other DWI Rules
No jail credit for first 24 hours of pretrial confinement
Judge may order active sentence served on weekends
No consolidation of multiple DWIs

32. Questions