North Carolina does not sentence every DWI the same way. It uses six levels, and the level is driven by specific statutory factors rather than by the judge general impression of your case. Use the estimator, then read exactly how the levels work.

NC DWI sentencing level estimator

North Carolina sets your DWI sentencing level by counting grossly aggravating factors under G.S. 20-179(c). Check the ones that apply.

Estimated sentencing level
Level Three, Four, or Five
With no grossly aggravating factors, the level depends on how the judge weighs aggravating against mitigating factors.

This is an estimate under G.S. 20-179 and not legal advice. Only a court determines the sentencing level, and mitigating factors, plea negotiations, and suppression issues can change the outcome entirely.

Charged with DWI in North Carolina? Call (704) 461-9488 for a free, confidential consultation, available 24/7.

The six sentencing levels

Level Minimum Maximum Maximum fine
Aggravated Level One 12 months 36 months $10,000
Level One 30 days 24 months $4,000
Level Two 7 days 12 months $2,000
Level Three 72 hours 6 months $1,000
Level Four 48 hours 120 days $500
Level Five 24 hours 60 days $200

The four grossly aggravating factors

Under G.S. 20-179(c), these are the factors that drive the top three levels:

  1. A prior conviction for an offense involving impaired driving within seven years of the current offense.
  2. Driving at the time of the offense while your license was revoked for an impaired driving revocation.
  3. Causing serious injury to another person through the impaired driving.
  4. Driving with a child under 18 in the vehicle, or a person with the mental development of a child under 18, or a person with a physical disability preventing unaided exit.

Three or more of these means Aggravated Level One. Two means Level One. One means Level Two, except that the child passenger factor alone is enough to trigger Level One on its own.

How Levels Three, Four, and Five are decided

With no grossly aggravating factors, the judge weighs aggravating factors against mitigating factors. If the aggravating factors substantially outweigh the mitigating, it is Level Three. If neither substantially outweighs the other, it is Level Four. If the mitigating factors substantially outweigh the aggravating, it is Level Five.

This is why mitigating evidence matters so much. A substance abuse assessment completed early, a safe driving record, and a low alcohol concentration are all statutory mitigating factors, and assembling them can move a case down a level or two.

Your license is a separate proceeding

Beyond the criminal case, a DWI charge triggers an immediate 30 day civil revocation under G.S. 20-16.5, which happens before you are convicted of anything. A limited driving privilege may be available, and it is a separate application.

Where your case is heard

DWI is heard in District Court in the county where the stop occurred. Mecklenburg County cases are heard in Charlotte and Wake County cases at the Wake County Justice Center in Raleigh.

Frequently asked questions

Is a first DWI a felony in North Carolina?

No. A first DWI is a misdemeanor sentenced across these six levels. A fourth DWI within ten years can be charged as habitual DWI, which is a felony.

What is Aggravated Level One?

It is the most serious misdemeanor DWI level, requiring three or more grossly aggravating factors, and it carries 12 to 36 months.

Can I avoid jail on a Level Five?

The statutory minimum can commonly be served through community service or other conditions at the lower levels, depending on the judgment entered.

Call (704) 461-9488 for a free, confidential consultation, available 24/7.

Related: Charlotte DWI lawyer, North Carolina DWI, and en espanol.

The complete North Carolina DWI guide

North Carolina counties we serve

Martine Law defends criminal cases across these North Carolina counties.