Asheville DWI Lawyer-Grossly Aggravating Factors
If you've been charged with DWI in Asheville or surrounding areas, NC has a standard structure for determining DWI sentences. Grossly Aggravating Factors, because they increase the punishment, must be proven by the state beyond a reasonable doubt. If you have been convicted, the state will allege these factors in your sentencing hearing. One or more of these Gross factors leads to mandatory minimum jail sentences from 7 days up to 3 years, depending on which ones or how many are present. If you believe any of these circumstances could apply to your DWI case, call an Asheville DWI Lawyer today.
Grossly Aggravating Factors:
Prior DWI conviction within the preceding 7 years
- Oddly, this 7 year factor is determined by looking at the date of last DWI conviction up until the date of the new offense. In other words, the new conviction date is not used to maximize the time difference, rather the state looks at date of commission of the new offense. This obviously shortens the window between the two offenses in an asymmetrical fashion.
DWLR and the revocation was for an impaired driving offense
- If you were driving while revoked and the revocation was from DWI, this factor applies.
Serious injury to another caused by the Defendant’s impaired driving
- This one is self explanatory, and never viewed in a lenient light because it is at the root of what DWI law was designed to curb.
Having a person under 18 years of age in the vehicle at the time of the offense.
- This unique factor has the effect of propelling your level directly to a level 1, even if it is the only factor. If this factor is proven, 30 days in jail minimum will be assessed.
- This factor can include people with mental development below age 18 or handicapped individuals unable to exit the vehicle unaided.