Driving While Impaired (DWI) is one of the few charges in Charlotte, North Carolina that has its own sentencing/punishment structure. When imposing punishment on a DWI case in North Carolina, the judge must consider the presence of: (1) Grossly Aggravating Factors; (2) Aggravating Factors; and (3) Mitigating Factors.
Grossly aggravating factors can include: A prior DWI conviction within seven years of the arrest date on the present offense, if the driver caused serious injury, or If the driver had a passenger under the age of 18 years in the car, a passenger with the mental development of a child under the age of 18 years in the car, or a passenger with a physical disability preventing unaided exit from the vehicle.
Judges consider aggravating factors when determining punishment and sentencing. Aggravating factors include things like: a blood alcohol content of 0.015 percent or higher, negligent driving that resulted in a reportable accident, with personal injuries or property damage of $1000 or greater, generally dangerous driving habits, driving with an expired or revoked license and a DWI conviction 7 years or more in the past. Also, when a driver speeds in excess of 30mph over the speed limit, flees from arrest or pursuit, or passes a school bus that is stopped, it is considered an aggravating factor. There are many other factors, but these are many of the most common ones.
Judges will also look at 'Mitigating Factors' in these cases. They weigh things like: a blood alcohol content of less than 0.09 percent, (considered slight impairment), otherwise safe and normal driving habits, a driving record free from any violations, and in the case where impairment results from lawfully prescribed and administered medications at the correct dosage.
Being charged with a DWI in Charlotte, NC can be a costly and painful experience, not to mention very inconvenient. Minick Law's DWI lawyers are standing by to offer you superior legal counsel, and can help you get the most out of your case.
Grossly aggravating factors can include: A prior DWI conviction within seven years of the arrest date on the present offense, if the driver caused serious injury, or If the driver had a passenger under the age of 18 years in the car, a passenger with the mental development of a child under the age of 18 years in the car, or a passenger with a physical disability preventing unaided exit from the vehicle.
Judges consider aggravating factors when determining punishment and sentencing. Aggravating factors include things like: a blood alcohol content of 0.015 percent or higher, negligent driving that resulted in a reportable accident, with personal injuries or property damage of $1000 or greater, generally dangerous driving habits, driving with an expired or revoked license and a DWI conviction 7 years or more in the past. Also, when a driver speeds in excess of 30mph over the speed limit, flees from arrest or pursuit, or passes a school bus that is stopped, it is considered an aggravating factor. There are many other factors, but these are many of the most common ones.
Judges will also look at 'Mitigating Factors' in these cases. They weigh things like: a blood alcohol content of less than 0.09 percent, (considered slight impairment), otherwise safe and normal driving habits, a driving record free from any violations, and in the case where impairment results from lawfully prescribed and administered medications at the correct dosage.
Being charged with a DWI in Charlotte, NC can be a costly and painful experience, not to mention very inconvenient. Minick Law's DWI lawyers are standing by to offer you superior legal counsel, and can help you get the most out of your case.
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