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 are things like: A DWI within 7 years of the present arrest date, a DWI that resulted in a serious injury, or if the driver had a passenger in the car who is a minor (under 18). Also considered 'grossly aggravating' is if the driver had a passenger with the mental development of a child under 18 years of age, or one with a physical disability that would prevent them from being able to exit the vehicle on their own volition.
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.
Mitigating factors to be weighed include: Slight impairment (blood alcohol content of 0.09 or less), safe and lawful driving at the time of the offense, except for being impaired, a safe driving record within the last 5 years, or if impairment was a result of a lawfully prescribed drug taken within the prescribed dosage.
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
"Grossly Aggravating" factors are things like: A DWI within 7 years of the present arrest date, a DWI that resulted in a serious injury, or if the driver had a passenger in the car who is a minor (under 18). Also considered 'grossly aggravating' is if the driver had a passenger with the mental development of a child under 18 years of age, or one with a physical disability that would prevent them from being able to exit the vehicle on their own volition.
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.
Mitigating factors to be weighed include: Slight impairment (blood alcohol content of 0.09 or less), safe and lawful driving at the time of the offense, except for being impaired, a safe driving record within the last 5 years, or if impairment was a result of a lawfully prescribed drug taken within the prescribed dosage.
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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