Fair Sentencing and DWI Convictions

North Carolina uses a structured sentencing system for most of its criminal law. This system is a grid system where a person’s prior record level and the seriousness of the current crime are used to establish a sentencing range. Within that range, the judge can set an appropriate sentence. If you have questions about this, contact a criminal lawyer Raleigh at (919) 352-9411.

But DWI sentences are handled differently. DWI sentencing is governed by North Carolina’s Fair Sentencing law which, in addition to the judge’s decision at the time of sentencing, governs how much time the person will serve.

Let’s look at the most serious DWI level. If someone has two grossly aggravating factors, that person will be sentenced as an Aggravated Level 1 offender, if convicted of a DWI. The judge can impose a sentence of up to 3 years in prison according to the statute, and fine you up to $10,000.

While a personĀ convicted of DWI may be paroled into DART (a substance abuse treatment program administered by the DOC), the person will probably serve two years in prison, instead of three years.


Raleigh DWI lawyer Damon Chetson defends people charged with felonies, misdemeanors, traffic and DWI charges in Raleigh, Cary, Apex, and Chapel Hill, NC. Durham DWI lawyer Damon Chetson also defends people charged with crimes in Durham, Chatham, and Harnett Counties. We are available day or night, weekdays or weekends. Call The Chetson Firm for a free consultation (919) 352-9411.
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