DWI SENTENCING FACTORS

   The most important aspect of sentencing in DWI convictions in NC is the weighing of aggravating, and mitigating factors. You'll want your DWI lawyer to go over the facts of your case so that you can have a clearer picture of where your sentencing may fall. Factors that mitigate must be shown by a preponderance of the evidence by the DWI-DUI defense. Aggravating factors must be proven by the state beyond a reasonable doubt.  For sentencing guidelines based on DWI level, visit my page on DWI SENTENCING GUIDLINES. If you have questions, call and Asheville DWI Lawyer today!

CALL NOW: 828-575-8417


Mitigating Factors

Safe driving record for the past 5 years (no 4 point traffic offenses)

Submission to a substance abuse assessment

Slight impairment (.09 or lower)

Safe and lawful driving at the time of the offense

Impairment caused by lawful prescription within dosage range

Any other factor that mitigates the seriousness of the DWI - DUI offense


Aggravating Factors

2 or more traffic ticket offenses that carry at least 3 points, within the past 5 years.

Especially reckless or dangerous driving

Driving While License Revoked at the time of the offense

Any past DWI-DUI

Passing a stopped school bus

Speeding to elude

Speeding 30 mph over or more 

Impairment of .15 or higher

Negligent driving leading to a reportable accident

Any other factor that aggravates the seriousness of the offense


Grossly Aggravating Factors

Driving While License Revoked at time of offense if DWI-DUI caused the revocation

Serious Injury to another

Prior DWI-DUI within 7 years of offense (They look at date of last conviction, to date of new offense, not until date of new conviction.)

Minor child under 18 in vehicle 



For help determining what factors may affect your DWI-DUI case, call your Asheville DWI Lawyer today!







CALL NOW: 828-575-8417


Asheville DWI Defense Attorney Serving: Buncombe, Henderson, Haywood, Madison, McDowell, Transylvania, Jackson, Macon, Asheville, Hendersonville, Waynesville, Marshall, Mars Hill, Marion, Brevard, Sylva, Franklin