North Carolina uses a unique sentencing and punishment structure when it comes to DWI (driving while impaired). In most cases, a Charlotte, NC judge has to weigh the following things in determining the severity of the charges: Mitigating Factors, Aggravating Factors, and Grossly Aggravating Factors.
Grossly aggravating factors can include: A prior DWI conviction within seven years of the arrest date on the present offense, if the driver caused serious injury, or If the driver had a passenger under the age of 18 years in the car, a passenger with the mental development of a child under the age of 18 years in the car, or a passenger with a physical disability preventing unaided exit from the vehicle.
An aggravating factor is something that significantly increases the severity of the offense. These are some typical examples: a blood alcohol content of 0.015 percent or greater, dangerous driving behavior, driving habits that resulted in personal injury or property damage upwards of a thousand dollars. Aggravating factors can also include: driving with a revoked license, a prior DWI conviction more than 7 years ago, speeding from, eluding or fleeing arrest, exceeding more than 30mph over the posted speed limit, passing a school bus that is stopped, and a number of additional factors.
A factor considered \’Mitigating\’ if it lessens the severity of the offense. Examples of this include: a blood alcohol level of less than 0.09 percent (slight impairment), otherwise safe driving behavior (besides DWI), a clean driving record, and if impairment is due to a prescription drug lawfully obtained and taken according to doctors orders.
Receiving a DWI in Charlotte, North Carolina can be very challenging situation. Let the experienced attorneys at Minick Law help guide you through the process, and help you get the best possible outcome for your case.