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Levels of DWI Punishment


The following are the six levels of punishment set out by G.S. 20-179 from least serious to most serious:

  • Level Five: This is the least serious level for DWI sentencing. Level Five punishment is required when the mitigating factors substantially outweigh any aggravating factor. A defendant subject to this level of punishment may be fined up to $200 and must be sentenced to a term of imprisonment that includes a minimum term of not less than 24 hours and a maximum term of not more than 60 days. The term of imprisonment may be suspended on condition that the defendant: (1) be imprisoned for a term of 24 hours as a condition of special probation; (2) perform community service for a term of 24 hours; or (3) any combination of those conditions. If the defendant is sentenced at a Level Five is placed on probation, the judge must require as a condition of probation that the defendant obtain a substance abuse assessment and any education or treatment required.
  • Level Four: If the judge determines that there are no aggravating and mitigating factor or that aggravating factors are substantially counterbalanced by mitigating factors, a Level Four punishment is required. A defendant subject to Level Four punishment may be fined up to $500 and must be sentenced to a term of imprisonment that includes a minimum term of not less than 48 hours and a maximum term of not more than 120 days. The term of imprisonment may be suspended but must include the condition that the defendant (1) be imprisoned for a term of 48 hours as a condition of special probation; (2) perform community service for a term of 48 hours; or (3) any combination of these conditions. If the defendant is sentenced at a Level Four is placed on probation, the judge must require as a condition of probation that the defendant obtain a substance abuse assessment and any education or treatment required.
  • Level Three: If the judge determines that the aggravating factors “substantially outweigh” the mitigating factors, then Level Three punishment is required. A defendant subject to Level Three punishments may be fined up to $1,000 and must be sentenced to a term of imprisonment that includes a minimum term of not less than 72 hours and a maximum term of not more than 6 months. The term of imprisonment may be suspended but must include the condition that the defendant (1) be imprisoned for a term of at least 72 hours as a condition of special probation; (2) perform community service for a term of at least 72 hours; or (3) any combination of these conditions. If the defendant is sentenced at a Level Three is placed on probation, the judge must require as a condition of probation that the defendant obtain a substance abuse assessment and any education or treatment required.
  • Level Two: The judge must impose Level Two punishment if only one grossly aggravating factor applies. A defendant subject to Level Two punishment may be fined up to $2,000 and must be sentenced to a term of imprisonment that includes a minimum term of not less than 7 days and a maximum term of not more than 12 months. The term of imprisonment may be suspended only if a condition of special probation is imposed to require the defendant to serve a term of imprisonment of at least 7 days. If a defendant is placed on probation, the judge must require as a condition of probation that the defendant obtain a substance abuse assessment and any recommended education or treatment. For offenses committed on or after December 1, 2011, the judge may also impose a condition of probation requiring the defendant to not consume alcohol for a minimum of 30 days to a maximum term of probation, as verified by the Continuous Alcohol Monitoring or CAM system.
  • Level One: This punishment level applies if the grossly aggravating factor under G.S. 20-179(c)(4) (child, person with the mental capacity of a child, or disabled person in vehicle) is found OR if two other grossly aggravating factors apply. A defendant sentenced to Level One punishment may be fined up to $4,000 and must be sentenced to a term of imprisonment that includes a minimum term of at least 30 days and a maximum term of not more than 24 months. The term of imprisonment may be suspended only if a condition of special probation is imposed to require the defendant to serve a term of imprisonment of at least 30 days. If a defendant is placed on probation, the judge must require as a condition of probation that the defendant obtain a substance abuse assessment and the education or treatment required by G.S. 20-17.6. The judge may also impose a condition of probation requiring that the defendant abstain from alcohol consumption for a minimum of 30 days to a maximum of the term of probation as verified by a CAM system.

For DWI offenses committed on or after December 1, 2012 and sentenced at Level One, a judge may “reduce the minimum term of imprisonment required to a term of not less than 10 days if a condition of special probation is imposed to require that a defendant abstain from alcohol consumption and be monitored by a continuous alcohol monitoring system, of a type approved by the Division of Adult Correction of the Department of Public Safety, for a period of not less than 120 days.” If a defendant is monitored on an approved CAM system during the pretrial period, up to 60 days of pretrial monitoring may be credited against the 120 day monitoring requirement for probation.

  • Aggravated Level One (Level A1): This is the most severe of the DWI punishment levels. If three or more grossly aggravating factors apply, the judge must impose punishment at the Aggravated Level One level (also known as Level A1). A defendant sentenced at Level A1 may be fined up to $10,000 and must be sentenced to a term of imprisonment that includes a minimum term of not less than 12 months and a maximum term of not more than 36 months. The term of imprisonment may be suspended only if a condition of special probation is imposed to require the defendant to serve a term of imprisonment of at least 120 days. If the defendant is placed on probation, the judge must require as a condition of probation that the defendant (1) abstain from alcohol consumption for a minimum of 120 days to a maximum of the term of probation, as verified by a continuous alcohol monitoring (CAM) system and (2) obtain a substance abuse assessment and any recommended education or treatment.