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What Is The Minimum Jail Time For DWI In North Carolina?


Have you been charged with Driving While Impaired in North Carolina? If so, you are facing serious penalties if you are convicted of this crime. North Carolina law enforcement agencies are aggressive about keeping drivers who are impaired by alcohol or drugs off North Carolina roads. In order to deter drivers from choosing to drive after drinking, the North Carolina legislature has enacted tough drunk driving laws with minimum jail time for convictions.

If you have been charged with a NC DWI, it is important that you contact an attorney as soon as possible to discuss defense strategies for fighting your DWI ticket. DWI charges are serious and State prosecutors work diligently to ensure that the maximum DWI sentences are imposed for convictions. The attorneys of The Trevor J. Avery Law Firm work even harder to have your DWI charge dismissed. If you are convicted of driving while impaired, our attorneys aggressively fight for the minimum jail time and lowest possible sentence. Our experience fighting DWI charges is something you need on our side if you have been charged with Driving While Impaired in North Carolina.

Minimum Jail Time for DWI Convictions

If you are convicted of Driving While Impaired, your sentence will depend on several factors. North Carolina uses a system of aggravating and mitigating factors to determine the sentence level that will be used when determining the punishment for a DWI conviction. Each of the six sentencing levels carries minimum jail time.

  • Level 5 Punishment – Minimum jail time is 24 hours

  • Level 4 Punishment – Minimum jail time is 48 hours

  • Level 3 Punishment – Minimum jail time is 72 hours

  • Level 2 Punishment – Minimum jail time is 7 days

  • Level 1 Punishment – Minimum jail time is 30 days

  • Aggravated Level 1 Punishment – Minimum jail time is 120 days.

The judge can substitute community service hours for the minimum jail time for Levels 3, 4, & 5. For higher levels of punishment there are also options that can remove the requirement of serving time in jail, but not every defendant convicted of DWI will be able to avoid spending time in custody.

The mitigating and aggravating factors used to determine your punishment level could substantially effect whether you face minimum jail time for a DWI conviction. Hiring an attorney who understands the factors used in DWI sentencing and who knows how to build a strong defense strategy could help you avoid minimum jail time for a DWI conviction.

Contact an Experienced Jacksonville DWI Attorney

“Attorneys Who Aggressively Protect Your Rights”

The Trevor J. Avery Law Firm is a Jacksonville criminal defense law firm that represents individuals who have been charged with DWI in North Carolina. Our DWI lawyers have extensive experience challenging probable cause for a DWI arrest and FSTs (field sobriety tests) as well as challenging the results of BAC chemical tests. A DWI arrest is not a guilty verdict — you do have defense options! We can help you fight your driving while impaired charge to avoid the serious consequences of a guilty plea.

When you are facing prison time and substantial fines for driving while impaired, you need an experienced DWI attorney in your corner who knows the law and who has the experience to get results. Our law firm represents clients throughout Duplin County, Onslow County, and the surrounding communities. Call our office at (910) 405-8459 or contact us online today for a free case evaluation.