Factors That Determine  Level of Punishment
Below is a description of the DWI and DUI Levels of Punishment and what you can expect to happen as a result of a conviction for a North Carolina DWI. First I will list most of the factors which are considered by the Judge in determining the Level of Punishment. These are the Grossly Aggravating Factors, Aggravating Factors, and Mitigating Factors. 

 Grossly Aggravating Factors are considered the most serious conditions which occurred during the DWI episode. The factors which are considered Grossly Aggravating are:

1. A prior conviction for an offense involving impaired driving (DUI or DWI) if:

a. The DWI conviction occurred within seven years before the date of the offense for which the defendant is being sentenced; or

b. The DWI conviction occurs after the date of the offense for which the defendant is presently being sentenced, prior to or simultaneously with the present sentencing. Each prior conviction is considered a separate grossly aggravating factor by the State of North Carolina.

2. Driving by the defendant at the time of the DWI offense while his drivers license was revoked under G.S. 20-28, and the revocation was an impaired driving (DWI or DUI) revocation under G.S. 20-28.2(a).

3. Serious injury to another person caused by the defendant's impaired driving at the time of the DWI offense.

4. Driving by the defendant while a child under the age of 16 years was in the vehicle at the time of the DWI  offense.

 Aggravating Factors "aggravate" or increase the seriousness of the offense but are not considered quite as serious as the above factors.

Factors that aggravate the seriousness of the DWI offense:

1. Gross impairment of the defendant's faculties while driving or an alcohol concentration of 0.16 or more within a relevant time after driving.

2. Especially reckless or dangerous driving during the DWI offense.

3. Negligent driving that led to a reportable accident during the DWI offense.

4. Driving by the defendant while his drivers license was revoked.

5. Two or more prior convictions of a motor vehicle offense not involving impaired driving (DWI or DUI) for which at least three points are assigned under G.S. 20-16 or for which the convicted person's license is subject to revocation, if the convictions occurred within five years of the date of the offense for which the defendant is being sentenced, or one or more prior convictions of an offense involving impaired driving that occurred more than seven years before the date of the offense for which the defendant is being sentenced.

6. Conviction under G.S. 20-141.5 of speeding by the defendant while fleeing or attempting to elude apprehension during the DWI arrest.

7. Conviction under G.S. 20-141 of speeding by the defendant by at least 30 miles per hour over the legal limit during the DWI offense.

8. Passing a stopped North Carolina school bus in violation of G.S. 20-217.

9. Any other factor that aggravates the seriousness of the DWI offense.