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DWI Aggravating Factors
in North Carolina
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Aggravating factors are those that are seen as negative in a DWI case. While not as serious as grossly aggravating factors, aggravating factors can enhance your penalty level, especially if they outweigh the number of positive or mitigating factors in your case.
Aggravating DWI factors in North Carolina include:
- Having a BAC of .15 or higher
- Driving with a revoked license
- Having a previous DWI conviction
- Illegally passing a school bus
- Driving 30 mph over the speed limit
- Speeding in an attempt to elude police
- Reckless driving
- Causing an accident
Grossly Aggravating DWI Factors
North Carolina’s six-tier DWI sentencing structure takes into account certain factors. By weighing examining both the positive (mitigating) and negative (aggravating and grossly aggravating) points in each case, the judge is able to assign a punishment level.
Grossly aggravating factors are those that are particularly serious. If you have three or more of these in your DWI case, you will be punished as an Aggravated Level I; two are punished as a Level I and one is punished at a Level II.
Grossly aggravating factors include:
- Having a child under the age of 18 present in your vehicle
- Serious injury to another person
- Prior DWI conviction within the past seven years
- Driving while intoxicated with a license that is suspended on a previous DWI conviction
- Dismissed State of North Carolina v. C.R.
- Not Guilty of all charges. State of North Carolina v. C.D.
- Not Guilty State of North Carolina v. C.B
- Dismissed State of North Carolina v. B.W.
- Not Guilty State of North Carolina v. A.M.
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