303.1Structured Sentencing

DWI Sentencing
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Last Updated: 12/01/23

Key Concepts

  • When sentencing a DWI offense, the court must determine which of six levels of punishment to impose (ranging from Aggravated Level One (most serious) to Level Five (least serious).
  • The applicable level for sentencing is based on the presence and number of grossly aggravating factors or, if there are none, the presence and number of any aggravating and mitigating factors.

The following implied consent offenses are sentenced under G.S. 20-179 rather than structured sentencing: 

  1. G.S. 20-138.1 (impaired driving);
  2. G.S. 20-138.2 (impaired driving in a commercial vehicle); and
  3. Second or subsequent conviction of: 
    1. G.S. 20-138.2A (operating a commercial vehicle after consuming alcohol); or
    2. G.S. 20-138.2B (operating a school bus, child care vehicle, emergency or law enforcement vehicle after consuming). 

To review the applicable sentencing laws and their effective dates, see the related entry on Sentencing: DWI Punishment Grids.

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Submit Brief/Motion
The PDF displayed in this entry is an excerpt from the 2018 North Carolina Sentencing Handbook, by James M. Markham and Shea Riggsbee Denning.