Fair Sentencing and North Carolina DWI

North Carolina uses a structured sentencing system for most of its criminal law. This system is a grid system where a person's prior record level and the seriousness of the current crime are used to establish a sentencing range. Within that range, the judge can set an appropriate sentence. If you have questions about this, contact a criminal lawyer Wilmington at (910) 241-0003.

But DWI sentences are handled differently. DWI sentencing is governed by North Carolina's Fair Sentencing law which, in addition to the judge's decision at the time of sentencing, governs how much time the person will serve.  Under fair sentencing, which was the way all crimes were sentenced prior to 1994, a judge establishes a sentence, but the sentence is immediately halved, and the defendant can earn good time against the sentence by participating in various classes, completing treatment, and so forth.

Let's look at the most serious DWI level. If someone has two grossly aggravating factors, that person will be sentenced as a Level 1 offender, if convicted of a DWI. The judge can impose a sentence of up to 2 years in prison according to the statute.

But the person will not end up serving two years in prison. Instead, the sentence is almost halved immediately upon entry into the DOC. While a person convicted of DWI may be paroled into DART (a substance abuse treatment program administered by the DOC), the person will probably serve 11 or 12 months in prison, instead of two years.

If you're in need of a tough, Wilmington criminal lawyer, give Damon Chetson a call (910) 352-9411 anytime. Damon represents individuals charged throughout the eastern North Carolina, including Wilmington, NC

About the Author:
Damon Chetson represents people throughout eastern North Carolina accused of crimes.  Call (910) 241-0003.