At the Law Office of Jason H. Reece, our Charlotte DWI sentencing attorney believes it is important for you to be informed about your case. We will take the time to talk with you about all of the potential scenarios you could be looking at in terms of punishments for DUI charges, from the worst case scenario to the best case scenario. With more than 25 years of experience on our side, our commitment is to achieve the best case scenario for you.

Six Levels of Drunk Driving Sentencing

Sentencing is determined based on the level of the DWI. The six levels of drunk driving and the sentences associated with them are:

  • Level A1 DWI: Offenses committed on or after December 1, 2011, now face being potentially sentenced as a level A1. This could include a minimum mandatory active sentence of 120 days to a maximum of three years.
  • Level 1 DWI: This is the second highest level of DWI. The sentence includes a mandatory 30 days in jail, with the possibility of up to two years in jail, as well as the penalties associated with the lower levels of DWI.
  • Level 2 DWI: This is the third highest level of DWI. The sentence includes an automatic mandatory seven days in jail, with the possibility of up to one year in jail, as well as the penalties associated with the lower levels of DWI.
  • Level 3 DWI: This is the mid-level DWI. The sentence may include jail time at the judge's discretion, as well as the penalties associated with level 4.
  • Level 4 DWI: This is the second lowest level of DWI. The sentence is very similar to that of Level 5, potentially requiring more community service.
  • Level 5 DWI: This is the lowest level of DWI. The sentence for this level includes a fine, community service, an alcohol assessment and driver's license suspension.

How is the Level Determined?

Judges determine the level of the DWI charge by balancing aggravating factors with mitigating factors. Aggravating factors include bad driving records and minor accidents in relation to DWI charges. Grossly aggravating factors include previous drunk driving convictions, having children in the car and major car accidents.

Mitigating factors include clean driving records and taking an alcohol assessment early in the process. Part of our strategy is to pull out mitigating factors in order to tip the balance in favor of a lower level DWI.

Contact a Mecklenburg County Drunk Driving Defense Attorney

Our representation is available to residents of the Charlotte area, as well as people who were charged while visiting the area. We offer reasonable fees. Payment plans are available and credit cards are accepted. Contact us for a free initial consultation with a Charlotte DWI sentencing attorney.