In Asheville and the state of North Carolina, the consequences of being convicted on DUI criminal charges are severe. In addition to this, any subsequent conviction for drunk driving makes an individual a repeat offender. Having multiple offenses for a DUI is one of multiple aggravating factors that can lead to more serious consequences, which can have long-lasting effects on your life or the life of a loved one. A DUI lawyer from Edwards Law, PLLC, can support you if you are facing repeat offense DUI charges.
In the state of North Carolina, all DUI and DWI crimes are laid out on a sentencing scale, which increases in severity based on your criminal record and aggravating factors involved in your DUI arrest. The severity of your DUI case will impact the sentencing that the court issues.
The sentencing structure is split into 6 different sentencing levels, which range from aggravated level one to level five. Level five is the least serious of all of the sentencing levels, while aggravated level one is the most severe.
If you have more than two grossly aggravating factors associated with a repeat offense Asheville DUI case, then this will lead to the charge of aggravated level one DUI. As a result, you can be fined up to $10,000 and must spend a range of 1 to 3 years in jail without parole.
In the case that you are convicted on aggravated level one charges, and the sentencing is suspended, then you will need to spend 4 months in jail with 120 days of Continuous Alcohol Monitoring, or CAM.
Level one DUI charges are the second most serious sentencing level of DUI charges and are charged if there was a minor or disabled individual in the car when you were pulled over or if two grossly aggravated factors are associated with your situation.
A level one DUI charge is a misdemeanor that can lead to having to pay up to $4,000 and spending anywhere from one month to two years in jail.
A level two DUI charge in Asheville is charged if there were no minors or disabled individuals in the vehicle when you were pulled over and if there is just one grossly aggravating factor involved in your case. Your penalties can be having to pay up to $2,000 and spending anywhere from a week to a year in jail.
Asheville level three DUI charges occur when there are no grossly aggravating factors present in a case, but there are still aggravating factors that overpower the mitigating factors involved. These charges, if convicted, can lead to paying a maximum of $1,000 in fines and 6 months of jail time. If the sentencing is suspended, there are community service and probation requirements.
Level four Asheville DUI charges are less serious and are charged by the courts when there are no aggravating factors associated with a case but also when there are no mitigating factors, such as having a clean driving record for the past 5 years. The maximum fine for a level four conviction is $500, and jail time can be anywhere from 2 to 120 days. Similar to level three sentencing, if the sentencing is suspended, there are community service and probation requirements.
In the case that you have more mitigating factors than aggravating ones, you will receive a level five charge, which is the least serious of all of the DUI sentencing levels. If convicted, you may have to pay a maximum fine of $200 and spend a range of jail time from 1 to 60 days. If the sentencing is suspended, there are some community service and probation requirements.
A: North Carolina has 6 sentencing levels for DUI cases to determine what the consequences should be based on the aggravating and mitigating factors involved. Level 5 is the least serious and often is charged in first-offense cases where no aggravating factors are present. If you are unsure about what your sentencing level is, it’s important to contact a DUI defense lawyer.
A: In North Carolina, it is possible to get both supervised or unsupervised probation based on the seriousness of your charges. The maximum amount of time that a North Carolinian can spend on probation is 5 years. If the charges are too serious and the sentencing level is high, then probation might not be an option.
A: If you drive while your license is revoked in the state of North Carolina, then this is considered to be a Class 3 misdemeanor. If convicted, you may get a maximum of 20 days of jail time and $200 in fines. If your license was revoked because of a drunk driving conviction, then the severity and consequence of the crime increases drastically.
A: If you are a resident or non-resident of North Carolina who was convicted of DUI charges in the state and are trying to take a course in order to lessen your charges, it is not an option for you to take these classes online. An ADSAP provider in NC state can assist you in finding an approved program that can count towards your case for the NC courts.
The legal team at Edwards Law, PLLC has the knowledge and experience required to tackle your repeat offense DUI case. We will work together to get to the bottom of your case, understanding all of the details involved, including the circumstances of your traffic stop, the evidence being used against you by the prosecution and the implications of your criminal record. Based on our analysis, we can come up with a strong defense strategy together to work towards optimizing your case outcomes. Contact us today.