Second Offense DWI

North Carolina has some of the harshest DWI sentencing laws in the country, especially for those convicted of multiple DWIs. In fact, having a prior DWI conviction is an aggravating circumstance under North Carolina’s DWI sentencing laws. However, being charged with a DWI isn’t the end of the story; it’s the prosecution’s job to prove you guilty if they want a conviction. And that’s where the Charlotte DWI defense attorneys at the Olsinski Law Firm, PLLC, come in.

At the Olsinski Law Firm, PLLC, we have decades of experience fighting on behalf of good people charged with serious DWI offenses. We understand what’s on the line in these cases and how important it is to limit your exposure, protect your driver’s license, and keep you out of jail. If you have questions about your case or are looking for a top-notch DWI attorney, give the Olsinski Law Firm, PLLC, a call today to schedule a free consultation.

In North Carolina, a second offense, DWI, is taken very seriously and almost always results in severe penalties, up to and including incarceration. Second offense DWIs are usually considered misdemeanors. In North Carolina, there are five different levels of misdemeanor DWIs. Level five is the least severe, and level one is the most severe.

The penalties for all five levels are listed below:

• Level 5: A maximum of 60 days in jail and a fine of up to $200
• Level 4: A maximum of 120 days in jail and a fine of up to $500
• Level 3: A maximum of six months in jail and a fine of up to $1,000
• Level 2: A maximum of one year in prison and a fine of up to $2,000
• Level 1: A maximum of two years in prison and a fine of up to $4,000

There is also an “Aggravated Level 1” DWI, which carries a fine of up to $10,000 and a maximum term of imprisonment of 36 months, with a minimum sentence of at least 12 months.

Under North Carolina Gen. Stat. § 20-179, the judge must hold a hearing after someone is convicted of any driving while intoxicated offense. At this hearing, the judge is required to consider all aggravating or mitigating factors. However, first, the judge must determine if there are any “grossly aggravating factors,” which include:

• A prior DWI conviction within the past seven years;
• Driving on a DWI-suspended license;
• Causing serious injury to another person; and
• Transporting a minor or a person with a physical or mental disability.

If the judge finds that there are two grossly aggravating circumstances, then the sentence will be a Level 1 sentence. However, if the judge finds three or more grossly aggravating circumstances, then the sentence will be an Aggravated Level 1 sentence.

Once the judge considers all grossly aggravated circumstances, they move on to weighing the aggravating and mitigating circumstances. Aggravating factors are those facts that tend to make a DWI offense worse, such as:

• A blood-alcohol content of .15 or more;
• Engaging in especially reckless or dangerous driving;
• Engaging in negligent driving that resulted in an accident;
• Driving while intoxicated on a revoked license; and
• Having three moving violations within the past five years.

Mitigating circumstances are those facts that make the offense less serious, such as voluntarily enrolling in drug or alcohol treatment, having a blood-alcohol content under .09, otherwise safe driving, and having a good driving history.

The judge then weighs the aggravating and mitigating circumstances to determine the appropriate level of sentence.

If you’re facing your second DUI in Charlotte, it’s imperative that you work with an experienced DWI defense attorney who will take your case as seriously as you do. At the Olsinski Law Firm, PLLC, we’ve assembled a dedicated team of DUI lawyers who command an unrivaled knowledge of North Carolina’s drunk driving laws. We use this knowledge to craft compelling, strategic defenses designed to minimize or eliminate your exposure early in the process so you can get back to your life as soon as possible. To learn more, and to schedule a free consultation today, call 704-405-2850, or connect with us through our secure online contact form.