The degree of impairment caused by alcohol intoxication varies based on BAC, as shown in the table below. Impairments range from subtle effects that can only be detected with special tests at levels between 0.001-0.029%, to problems with concentration, reflexes, motor control, and more, including a serious possibility of death at 0.50% or more.
First Time Dui & Dwi Charges
Can I Go To Jail And Lose My License For A DUI?
CONSIDERATIONS
EFFECTS OF BLOOD ALCOHOL CONCENTRATION
| BAC (%) | Behavior No Prior Convictions |
Impairment |
|---|---|---|
| 0.001–0.029 | Average individual appears normal | Subtle effects that can be detected with special tests |
| 0.030–0.059 | Mild euphoria, Relaxation, Joyousness, Talkativeness, Decreased inhibition | Concentration |
| 0.060–0.099 | Blunted feelings, Reduced sensitivity to pain, Euphoria, Disinhibition, Extraversion | Reasoning Depth perception Peripheral vision Glare recovery |
| 0.100–0.199 | Over-expression, Boisterousness, Possibility of nausea and vomiting | Reflexes Reaction time Gross motor control Staggering Slurred speech Temporary erectile dysfunction |
| 0.200–0.299 | Nausea, Vomiting, Emotional swings, Anger or sadness , Partial loss of understanding , Impaired sensations, Decreased libido, Possibility of stupor | Severe motor impairment Loss of consciousness Memory blackout |
| 0.300–0.399 | Stupor, Central nervous system depression, Loss of understanding, Lapses in and out of consciousness, Low possibility of death | Bladder function Breathing Dysequilibrium Heart rate |
| 0.400–0.500 | Severe central nervous system depression, Coma, Possibility of death | Breathing Heart rate Positional alcohol nystagmus |
| >0.50 | High possibility of death |
CONVICTIONS
IF CONVICTED Of A DWI OR DUI
A sentencing hearing will follow where the prosecutor and defendant can present aggravating and mitigating evidence.
- A sentencing hearing will follow where the prosecutor and defendant can present aggravating and mitigating evidence.
- Grossly aggravating factors. “Grossly aggravating” circumstances include driving while your license is already revoked for another DWI, driving with a minor passenger, and causing serious injury to another person. A prior DWI within the last seven years is also a grossly aggravating factor.
- Aggravating factors. These include circumstances including reckless driving, causing a collision, having a BAC of at least .15%, passing a stopped school bus, eluding police, and speeding 30 miles at least per hour over the limit. Having a prior conviction for DWI more than seven years ago is also an aggravating factor.
- Mitigating factors. Examples of these include having a BAC of .09% or less, if the impairing drug was legally prescribed, or if you were otherwise driving safely. You can also undergo a mental health screening, 60 days sobriety monitoring, or treatment prior to sentencing to create more mitigating factors.
Based on these factors, the judge will sentence the offender DWI under one of six levels listed below.
NORTH CAROLINA DUI & DWI
CRIMINAL PENALTIES
Even in cases where there are not any grossly aggravating or aggravating factors, the court take DWI/DUIs in North Carolina very seriously. It is critical to have the representation of an experienced DWI/DUI defense attorney who practices in your area. A DWI/DUI conviction cannot be expunged from your criminal record. Please contact our office today for a consultation to determine your next steps.
AGGRAVATED LEVEL 1
This is imposed if the court determines that there are three or more grossly aggravating factors. This has a minimum of 12 months imprisonment with a maximum of 36 months, with no eligibility for parole. Additional fine: up to $10,000.
LEVEL 1
Level 1 DWI sentencing is imposed if there are two grossly aggravating factors or if the incident involved a minor passenger.
Subject to certain exceptions, there is a 30 day mandatory minimum jail sentence, which can go up to 24 months imprisonment. If a judge grants probation, you still have to spend 10 days in jail, submit to sobriety monitoring, and complete a substance abuse assessment and treatment. Additional fine: up to $4,000.
LEVEL 2
Level 2 sentencing applies for a DWI involving one grossly aggravating factor, but only if the incident did not involve a minor under the age of 18 in the vehicle. This has a seven day mandatory minimum stint in jail, up to 12 months imprisonment. A judge does not have the power to suspend the minimum sentence for Level 2 sentencing. Additional fine: up to $2,000.
LEVEL 3
This applies if there are no grossly aggravating factors and the judge rules that the mitigating factors are substantially outweighed by the aggravating factors. You can receive between 72 hours and 6 months in jail, although the court in its discretion can allow you to complete 72 hours of community service in lieu of jail time. Additional fine: up to $1,000.
LEVEL 4
Level 4 sentencing applies if the judge rules that either: 1) there are no aggravating or mitigating factors that apply, or 2) the aggravating factors are substantially outweighed by the mitigating factors. This has a minimum 48 hours jail sentence with a maximum of 120 days, but the court may allow you to do 48 hours of community service instead of jail time. Additional fine: up to $500.
LEVEL 5
This applies if the mitigating factors outweigh the aggravating factors, if any. Jail time can range from 24 hours up to 120 days, but the court may allow you to complete 24 hours community service instead of jail time. Additional fine: up to $200.
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