North Carolina uses a unique sentencing and punishment structure when it comes to DWI (driving while impaired). In most cases, a Charlotte, NC judge has to weigh the following things in determining the severity of the charges: Mitigating Factors, Aggravating Factors, and Grossly Aggravating Factors.
Factors considered 'grossly aggravating' can include, but are not limited to factors like: whether there is a DWI conviction within the last 7 years of the current arrest date, if serious injury resulted from the DWI, if the driver had a minor in the vehicle (someone under 18 years of age), a person with mental development equivalent to someone under 18, or had a passenger with a physical handicap that would prevent them from being able to exit the vehicle.
An aggravating factor is something that significantly increases the severity of the offense. These are some typical examples: a blood alcohol content of 0.015 percent or greater, dangerous driving behavior, driving habits that resulted in personal injury or property damage upwards of a thousand dollars. Aggravating factors can also include: driving with a revoked license, a prior DWI conviction more than 7 years ago, speeding from, eluding or fleeing arrest, exceeding more than 30mph over the posted speed limit, passing a school bus that is stopped, and a number of additional factors.
A factor considered 'Mitigating' if it lessens the severity of the offense. Examples of this include: a blood alcohol level of less than 0.09 percent (slight impairment), otherwise safe driving behavior (besides DWI), a clean driving record, and if impairment is due to a prescription drug lawfully obtained and taken according to doctors orders.
When you are charged with a DWI in Charlotte, NC, it is imperative that you consult with an experienced DWI Lawyer, like the ones at Minick Law, that can help you defend your case and get you the best outcome. Call today for a free consultation
Factors considered 'grossly aggravating' can include, but are not limited to factors like: whether there is a DWI conviction within the last 7 years of the current arrest date, if serious injury resulted from the DWI, if the driver had a minor in the vehicle (someone under 18 years of age), a person with mental development equivalent to someone under 18, or had a passenger with a physical handicap that would prevent them from being able to exit the vehicle.
An aggravating factor is something that significantly increases the severity of the offense. These are some typical examples: a blood alcohol content of 0.015 percent or greater, dangerous driving behavior, driving habits that resulted in personal injury or property damage upwards of a thousand dollars. Aggravating factors can also include: driving with a revoked license, a prior DWI conviction more than 7 years ago, speeding from, eluding or fleeing arrest, exceeding more than 30mph over the posted speed limit, passing a school bus that is stopped, and a number of additional factors.
A factor considered 'Mitigating' if it lessens the severity of the offense. Examples of this include: a blood alcohol level of less than 0.09 percent (slight impairment), otherwise safe driving behavior (besides DWI), a clean driving record, and if impairment is due to a prescription drug lawfully obtained and taken according to doctors orders.
When you are charged with a DWI in Charlotte, NC, it is imperative that you consult with an experienced DWI Lawyer, like the ones at Minick Law, that can help you defend your case and get you the best outcome. Call today for a free consultation
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