Mitigating Factors are factors which are in your favor and "mitigate" the seriousness of the DWI  offense. The Mitigating Factors are always considered in your favor and can lessen the level of punishment you receive from the Judge.

Mitigating Factors are:

1. Slight impairment of the defendant's faculties resulting solely from alcohol, and an alcohol concentration that did not exceed 0.09 at any relevant time after driving.

2. Slight impairment of the defendant's faculties, resulting solely from alcohol, with no chemical analysis having been available to the defendant at the time of the DWI charge.

3. Driving at the time of the DWI offense that was safe and lawful except for the impairment of the defendant's faculties.

4. A safe driving record, with the defendant's having no conviction for any motor vehicle offense for which at least four points are assigned under G.S. 20-16 or for which the person's license is subject to revocation within five years of the date of the DWI  offense for which the defendant is being sentenced.

5. Impairment of the defendant's faculties caused primarily by a lawfully prescribed drug for an existing medical condition, and the amount of the drug taken was within the prescribed dosage. (Often people do not know that they may be charged and convicted of DWI resulting from taking prescribed medication, taken as prescribed. However, this type of DWI charge is just as serious in some ways as a DWI charge because of alcohol or street drugs. 

6. The defendant's voluntary submission to a mental health facility for DWI alcohol and drug abuse assessment after he was charged with the impaired driving offense for which he is being sentenced, and, if recommended by the facility, his voluntary participation in the recommended DWI substance abuse treatment.

A "DWI assessment' consists of a meeting with a substance abuse counselor to determine if an alcohol or drug abuse issue exists. There are two parts to a DWI assessment: a "clinical interview" and a NC DWI Services approved "standardized substance abuse test."  

For more information about the NC DWI assessment, education (ADETS) and treatment, see our DWI Assessment pages.   

Levels of Punishment for DWI in NC

If  a person is found guilty of Driving While Impaired (DWI in North Carolina), the Judge will consider all of the factors listed above. Once all the factors are considered, the Judge will impose one of the following Levels of Punishment. The five levels of punishment are numbered 1-5.

1. Level One DWI is the most serious level of punishment. If the Judge finds 2 Grossly Aggravating Factors are present, he or she will impose Level one punishment Level One Punishment. A Level One North Carolina DWI is punishable by a fine up to $4,000 and a minimum jail sentence of 30 days and a maximum of two years. A judge cannot suspend the minimum jail sentence.

2. Level Two DWI punishment will be imposed if the Judge determines one Grossly Aggravating Factor is present. Level Two is punishable by a fine up to $2,000 and a minimum jail sentence of seven days and a maximum of one year. A judge cannot suspend the minimum jail sentence.

3. Level Three DWI  punishment will be imposed if there are no Grossly Aggravating Factors involved and the Mitigating Factors and Aggravating Factors are considered equal and balance each other out. Level Three is punishable by a fine up to $1,000 and a minimum jail sentence of 72 hours and a maximum of six months. A judge can suspend the sentence.

4. Level Four DWI  is imposed if the Mitigating Factors outweigh the Aggravating Factors. Level Four conviction is punishable by a fine up to $500 and a minimum jail sentence of 48 hours and a maximum of 120 days. A judge can suspend the sentence.

5. Level Five DWI  punishment is imposed if there are only Mitigating Factors and no aggravating factors exist. Level Five is punishable by a fine up to $200 and a minimum jail sentence of 24 hours and a maximum of 60 days. A judge can suspend the sentence.

All levels of a North Carolina DWI conviction require a revocation of your Driver's License for a period of at least one year beginning with the date of the DWI conviction. For levels three through 5, the court often suspends jail sentences if the driver agrees to complete community service, submit to a DWI Assessment, complete the level of treatment required by the NC DWI  assessment, and pay all fines, fees and court costs related to the DWI arrest and conviction.