North Carolina Drunk Driving Crimes and Punishment

In North Carolina, non-commercial drivers with a blood alcohol limit of .08 or more is considered legally drunk. For commercial vehicle drivers, the blood alcohol limit is .04 percent or greater for them to be considered legally drunk. For drivers under the age of 21, they are legally drunk with a blood alcohol concentration of .01 percent or more.

After any individual is convicted of driving while impaired (DWI) in North Carolina, they will be required to attend a sentence hearing, which will be performed by a judge. At this time the judge will first determine whether or not there were any "grossly aggravating" factors in the case such as:

• Any prior DWI convictions in the last seven years of the present offense
• If the driver's license was suspended during the commission of the offense
• If any serious injury was caused to another person due to the driver's impairment
• If a child under the age of 16 was in the vehicle at the time of the offense

If the judge does find that there were two or more aggravating factors at the time of the offense, the judge will impose Level One punishment. If only one aggravating factor was present at the time of the incident, the judge will impose Level Two punishment. A Level One offender faces anywhere from 30 days to 24 months in prison and may also pay up to $4000 in fines. A Level Two offender, faces seven days to 12 months in prison and possible a fine up to $2000.

If no aggravating factors were present, a judge will also take into consideration any mitigating factors which would include:

• A BAC that did not exceed .09
• Safe and lawful driving with the exception of the impairment
• A good driving record
• Any other factor that lessens the seriousness of the offense

There is a sliding scale of punishment, ranging from Level One (being the worst) to Level Five (being the least severe). The judge determines the punishment after weighing both the aggravating and mitigating factors in any DWI case. If you have been injured at the hands of a drunk driver, you are entitled to compensation for your injuries. A Greensboro drunk driving accident attorney from the Roane Law can help you get the compensation you deserve.

Contact a Greensboro Drunk Driving Accident Lawyer from our firm today for a free consultation.