Short answer: North Carolina sentences every DWI at one of six levels under G.S. 20-179, from Level Five (the lowest) to Aggravated Level One. A prior impaired driving conviction within seven years of the new offense is a grossly aggravating factor, so a second DWI is usually sentenced at Level Two or higher. Each additional prior counts as another grossly aggravating factor. Three or more convictions within 10 years can make a new DWI a felony (habitual impaired driving).
The six DWI sentencing levels
| Level | When it applies | Maximum fine | Jail term range |
|---|---|---|---|
| Aggravated Level One | Three or more grossly aggravating factors | $10,000 | 12 to 36 months |
| Level One | A child or protected passenger in the vehicle, or any two other grossly aggravating factors | $4,000 | 30 days to 24 months |
| Level Two | One grossly aggravating factor (other than a child in the vehicle) | $2,000 | 7 days to 12 months |
| Level Three | No grossly aggravating factors; aggravating factors substantially outweigh mitigating | $1,000 | 72 hours to 6 months |
| Level Four | No factors, or aggravating and mitigating substantially balance | $500 | 48 hours to 120 days |
| Level Five | Mitigating factors substantially outweigh aggravating | $200 | 24 hours to 60 days |
Source: G.S. 20-179(c), (f), (f3), and (g) to (k). Aggravated Level One sentences are not eligible for parole. The defendant is released four months before the maximum term and supervised for those four months with a requirement to abstain from alcohol, verified by continuous alcohol monitoring (G.S. 20-179(f3)).
How the judge picks the level
- Grossly aggravating factors first. The judge (or a Superior Court jury, for factors other than prior convictions) decides whether any of the four grossly aggravating factors apply.
- Count them. Three or more means Aggravated Level One. A child in the vehicle, or any two others, means Level One. One other factor means Level Two.
- Otherwise, weigh the rest. With no grossly aggravating factors, the judge weighs ordinary aggravating factors against mitigating factors to choose Level Three, Four, or Five.
The four grossly aggravating factors
- A prior impaired driving conviction within seven years before the new offense, or one entered after the new offense but before or at sentencing. Each prior conviction counts as a separate factor.
- Driving while the license was revoked for an impaired driving revocation (G.S. 20-28(a1)).
- Serious injury to another person caused by the impaired driving.
- A child under 18, a person with the mental development of a child under 18, or a person with a physical disability preventing unaided exit, in the vehicle.
Ordinary aggravating factors
- Gross impairment, or an alcohol concentration of 0.15 or more.
- Especially reckless or dangerous driving, or negligent driving that led to a reportable accident.
- Driving while revoked.
- Two or more prior three-point or revocable motor vehicle convictions within five years, or an impaired driving conviction more than seven years old.
- Speeding while fleeing, speeding 30 mph or more over the limit, or passing a stopped school bus.
Mitigating factors
- Slight impairment from alcohol only, with an alcohol concentration of 0.09 or less.
- Driving that was otherwise safe and lawful.
- A safe driving record over the past five years.
- Impairment caused mainly by a lawfully prescribed drug taken as prescribed.
- Completing a substance abuse assessment and treatment, or 60 days of continuous abstinence proven by a monitoring device.
Full lists: G.S. 20-179(d) and (e).
How a prior DWI changes the case
| Your history | Likely sentencing effect | License revocation after conviction |
|---|---|---|
| No prior impaired driving conviction | Level Three, Four, or Five unless another grossly aggravating factor applies | One year (G.S. 20-19(c1)) |
| One prior within 7 years | At least Level Two | Four years if the prior offense was within 3 years (G.S. 20-19(d)); otherwise one year |
| Two priors within 7 years | At least Level One | Permanent if the most recent prior was within 5 years (G.S. 20-19(e)) |
| Three or more within 10 years | May be charged as habitual impaired driving, a Class F felony (G.S. 20-138.5) | Permanent (G.S. 20-138.5(d)) |
The court proves prior convictions with official driving and criminal records. Prior convictions from other states can count: an offense involving impaired driving includes an offense in another jurisdiction that prohibits substantially similar conduct (G.S. 20-4.01(24a)).
Other consequences that grow with each DWI
- Ignition interlock at restoration. Required if the concentration was 0.15 or more, if there was another impaired driving conviction within seven years, or after an Aggravated Level One sentence. It lasts one, three, or seven years depending on the revocation (G.S. 20-17.8).
- Limited driving privilege. With no prior in seven years, available only for Level Three, Four, or Five (G.S. 20-179.3(b)(1)). With exactly one prior in seven years, possible under G.S. 20-179.3(b)(3) if the alcohol concentration was under 0.15 and the sentence was Level Three to Five, or Level Two based only on the prior conviction, with an ignition interlock. Not available with two or more priors in seven years.
- Vehicle seizure. If you drive impaired while revoked for a prior impaired driving revocation, the vehicle can be seized (G.S. 20-28.3). See DWI vehicle seizure.
- Habitual DWI. At least 12 months of active time that cannot be suspended, served consecutively to any other sentence. See repeat and habitual DWI in North Carolina.
What to do if you have a prior DWI
- Get your certified driving record and the judgments from any prior case. Dates matter: the seven-year, three-year, five-year, and 10-year windows are measured from offense or conviction dates set by statute.
- Do not drive if your license is revoked. A new charge while revoked adds a grossly aggravating factor and can expose the vehicle to seizure.
- Start a substance abuse assessment early. It is needed for license restoration and can support mitigation.
- Talk to a lawyer before your first court date about whether each prior actually qualifies.
Frequently asked questions
How many DWI levels are there in North Carolina?
There are six. Under G.S. 20-179, from most to least serious: Aggravated Level One, Level One, Level Two, Level Three, Level Four, and Level Five. The level sets the fine range and the jail term range, and it controls whether a limited driving privilege is available after conviction.
Does a prior DWI automatically make a new DWI Level Two?
A prior impaired driving conviction within seven years before the new offense date is a grossly aggravating factor under G.S. 20-179(c)(1). One grossly aggravating factor alone means Level Two. Two of them, or a child in the car, means Level One. Three or more means Aggravated Level One.
What if my prior DWI is older than seven years?
An impaired driving conviction more than seven years before the new offense is not a grossly aggravating factor. It is an ordinary aggravating factor under G.S. 20-179(d)(5), which the judge weighs against any mitigating factors. It also still counts toward habitual DWI if it falls within 10 years.
When does a DWI become a felony in North Carolina?
Under G.S. 20-138.5, a DWI becomes habitual impaired driving, a Class F felony, if the person has three or more impaired driving convictions within 10 years of the new offense. The sentence includes at least 12 months of active time that cannot be suspended. Most people charged with a second or third DWI face a misdemeanor.
How long will I lose my license for a second DWI?
It depends on timing. Under G.S. 20-19, a first conviction brings a one-year revocation. If you had another impaired driving conviction for an offense within three years before the new one, the revocation is four years. With two or more prior convictions and the latest within five years, the revocation is permanent, though conditional restoration may be possible later.
Can I get a limited driving privilege with a prior DWI?
Sometimes. G.S. 20-179.3(b)(3) allows a post-conviction privilege for a person with not more than one impaired driving conviction in the prior seven years if the alcohol concentration was under 0.15, the sentence was Level Three, Four, or Five (or Level Two based only on the prior conviction), there is no new impaired driving charge, and a substance abuse assessment is filed. An ignition interlock is required. With two or more priors in seven years, it is not available. A pretrial privilege during the 30-day civil revocation has its own rules under G.S. 20-16.5(p).
Related guide: Habitual DWI in North Carolina.
If you are facing this situation, call Martine Law before your court date for a free consultation with our Director of Client Engagement. We have offices in Charlotte, Raleigh, Cary, and Belmont. Call (704) 842-3411 or (919) 925-4613, or send us a message. Phones and chat are answered 24/7, with AI covering when no staff is free.
Last updated October 2026.
This page states North Carolina law as of October 2026 and is for general information, not legal advice. Reading it does not create an attorney-client relationship. Prior results do not guarantee a similar outcome.