DWI Level 4 in North Carolina – Laws & Penalties

By Doug Edwards

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DUI/DWI Defense

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Last Modified on Jan 23, 2026

North Carolina takes driving under the influence of drugs or alcohol very seriously. With a vibrant downtown community, hotspots like South Slope and West Asheville can be prominent areas issuing DWI charges. However, there are different levels of drunk driving charges that come with accompanying penalties. Explore DWI Level 4 in North Carolina, aggravating or mitigating factors, and why it’s important to hire a DWI lawyer.

Understanding NC DWI Levels

North Carolina has five levels of DWI sentencing, ranging from Level 5 to Aggravated Level 1. Level 4 DWIs fall closer to the least serious end of the spectrum:

• Level 5 DWIs: Level 5 DWIs are the most common for first-time offenders without aggravating factors at play. You can face jail time of 24 hours to 60 days and a maximum fine of $200.
• Level 4 DWIs: Level 4 DWIs involve equal mitigating and aggravating factors. If charged with a Level 4 DWI, you’ll face a maximum jail term of 120 days and a maximum fine of $500.
• Level 3 DWIs: If there are fewer mitigating than aggravating factors in your case, you’ll face a Level 3 DWI. This crime is punishable by a maximum of 180 days in jail and fines of up to $1,000.
• Level 2 DWIs: Level 2 DWIs occur when there is one grossly aggravating factor in your case. You’ll face a mandatory minimum prison term of seven days to one year and a fine of up to $2,000.
• Level 1 DWIs: Level 1 DWIs are more serious. If there are two or more grossly aggravating factors in your case, you’ll face these charges and can incur DWI penalties of between 30 days and two years in prison and a fine of up to $4,000.
• Level A1 DWIs: Level A1 DWIs are the most serious form of drunk driving. You’ll only be charged with this crime if there are more than two grossly aggravating factors involved, in which case you could be sentenced to one to three years in prison and have to pay a fine of up to $10,000.

The good news is that if you’re facing a Level 4 DWI, in the grand scheme of North Carolina’s sentencing guidelines, your crime is not as serious as those involving more aggravating or grossly aggravating factors. While you could face jail time and will likely pay a fine, you won’t go to prison.

Aggravating vs. Mitigating Factors

North Carolina determines the severity of your DWI based on aggravating and mitigating factors. For a Level 4 DWI, these aggravating and mitigating factors balance out. Aggravating factors can include:

• Reckless driving
• Driving 30 mph or more above the speed limit
• Attempting to evade the police
• Prior convictions
• A BAC of 0.15 or more
• Negligence leading to a reportable accident
• Driving on a suspended or revoked license
• Passing a stopped school bus

Aggravating factors increase the severity of your sentencing. Mitigating factors have the opposite effect. They can include:

• Impairment not exceeding 0.09 BAC
• A lack of chemical analysis
• Safe driving, with the exception of impairment
• A clean driving record
• Impairment due to a lawfully prescribed drug
• Completion of a substance abuse assessment

If you have one aggravating factor and one mitigating factor, and there are no grossly aggravating factors present, they essentially cancel each other out, and you get charged with a Level 4 DWI instead of a higher level.

How Serious Is NC’s DWI Problem?

From June 30, 2022, to June 30, 2023, there were 34,661 substance use assessments submitted to the authorities in the Tar Heel State. They led to a total of 28,045 arrests. Of those arrests, 20,158 were for DWI Levels 3-5. Another 6,175 were for DWI Levels 1-2, and only 653 were for Aggravated Level 1 DWIs. In 2024, 361 people were killed in alcohol-involved crashes, and another 7,227 were injured.

FAQs

What is a Level 4 DWI in North Carolina?

A Level 4 DWI in North Carolina is a serious misdemeanor offense. You could be charged with this crime if you are caught drunk driving, with both aggravating and mitigating factors coming into play. If charged with a Level 4 DWI, you could face up to 120 days in jail, fines of up to $500, a license suspension, and mandatory substance abuse treatment.

Will I Go to Jail for a First DWI in NC?

You could go to jail for a first DWI in NC. Penalties range from 24 hours to 60 days in jail. However, judges often use a combination of probation, community service, and substance abuse treatment as a replacement for active jail time. That said, you may face a mandatory minimum sentence if certain aggravating factors were present, such as a child in the car or an exceptionally high BAC.

Can You Get a DWI Dropped in NC?

You may be able to get a DWI dropped in NC with the help of a skilled North Carolina DWI attorney. Your attorney can evaluate the prosecution’s case against you, looking for weaknesses. If there’s evidence that your constitutional rights were violated, for example, any evidence stemming from that violation could be deemed inadmissible in court, leaving the prosecution without the proof it needs to prove your guilt. In that case, your case would be dropped.

Is a DUI or DWI Worse in North Carolina?

A DUI and DWI are considered the same thing in North Carolina. All crimes related to drunk driving or driving under the influence of drugs are technically classified as different levels of driving while intoxicated. DWIs range in severity from misdemeanors to felonies. You can learn more about the charges being brought against you by contacting a DWI lawyer.

Hire a DWI Lawyer

If you’re facing charges of a DWI Level 4 in North Carolina, you need to hire a DWI lawyer to help you fight them. The team here at Edwards Law, PLLC, is here to help. We have years of experience defending clients against DWIs of all levels. In that time, we’ve developed a keen understanding of DWI laws and how we can leverage them to help our clients obtain optimal outcomes in their cases. Contact us to schedule an initial consultation today.