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 are things like: A DWI within 7 years of the present arrest date, a DWI that resulted in a serious injury, or if the driver had a passenger in the car who is a minor (under 18). Also considered 'grossly aggravating' is if the driver had a passenger with the mental development of a child under 18 years of age, or one with a physical disability that would prevent them from being able to exit the vehicle on their own volition.
Aggravating factors include: a Blood Alcohol Content of .015 percent or greater, reckless or dangerous driving, negligent driving habits that led to a reportable accident involving personal injury or property damage exceeding $1000. Driving with a revoked or expired license, a poor driving history, and a prior DWI conviction more than 7 years in the past are all also considered "aggravating factors". Additionally, driving behavior at the time of the DWI including speeding or fleeing arrest, speeding in excess of 30 mph over the limit, passing a stopped school bus, and any other factors that can be considered to increase the seriousness of the offense.
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.
Being charged with a DWI in Charlotte, NC can be a costly and painful experience, not to mention very inconvenient. Minick Law's DWI lawyers are standing by to offer you superior legal counsel, and can help you get the most out of your case.
"Grossly Aggravating" factors are things like: A DWI within 7 years of the present arrest date, a DWI that resulted in a serious injury, or if the driver had a passenger in the car who is a minor (under 18). Also considered 'grossly aggravating' is if the driver had a passenger with the mental development of a child under 18 years of age, or one with a physical disability that would prevent them from being able to exit the vehicle on their own volition.
Aggravating factors include: a Blood Alcohol Content of .015 percent or greater, reckless or dangerous driving, negligent driving habits that led to a reportable accident involving personal injury or property damage exceeding $1000. Driving with a revoked or expired license, a poor driving history, and a prior DWI conviction more than 7 years in the past are all also considered "aggravating factors". Additionally, driving behavior at the time of the DWI including speeding or fleeing arrest, speeding in excess of 30 mph over the limit, passing a stopped school bus, and any other factors that can be considered to increase the seriousness of the offense.
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.
Being charged with a DWI in Charlotte, NC can be a costly and painful experience, not to mention very inconvenient. Minick Law's DWI lawyers are standing by to offer you superior legal counsel, and can help you get the most out of your case.
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