Asheville DWI Lawyer - PLEADING GUILTY TO DWI CHARGES
OK, so what if your Lawyer advises you that you need to plead guilty because you have no good issues to challenge at a trial? This means your Lawyer is going to enter into plea negotiations with a district attorney. If the DWI is the only charge you have, it is solely in the Judge's discretion as to the outcome of the punishment, within the statutory requirements. This is damage control phase, where your Attorney will make sure you are sentenced with the least punishment possible.
- This is by far what happens in most cases.
- In the case of a plea you will enter the DWI sentencing phase.
- Mitigating (lowering) factors or aggravating (worsening) factors will determine the level of punishment.
- DWI levels rank A1 and 1-5. A1 is the worst, and 1-5 are next with 1 being the worst and lighter punishment as you progress to level 5.
- The reality of the matter is, most DWI arrests end in conviction. NC is tough on DWI's.
Once guilt is determined through trial or plea, a DWI sentencing hearing is held to determine punishment level. Your Lawyer is still paying close attention at this point to be sure your sentence is appropriate.
NC DWI charge severity and punishment is determined by a number of factors that can be aggravating or Grossly Aggravating (make it worse) or mitigating (eases the punishment). Courts will consider a balancing of the factors in determining the sentencing level. Depending on variables such as blood alcohol level, age of passengers in the car at the time, wrecks, and other factors, the outcome could range from serious to dire.
- DWI Aggravating factors are enhancements to punishment, thus the state must prove beyond a reasonable doubt that these factors were present. Your lawyer will focus on challenging any aggravating factors that aren't solid, to lessen the punishment.