DWI Sentencing in North Carolina
- Does NOT fall under traditional Structured Sentencing
- Separate and Distinct sentencing protocols
- Subject to: N.C.G.S. 20-179
- Impaired Driving can be a significant part of Felonies and misdemeanors offense(s)
- Standing alone, DWI DUI in North Carolina is a Misdemeanor
What are Levels of DWI?
- Driving While Impaired defined in N.C.G.S. 20-138.1
- There are now six (6) “Levels” of DWI Offenders
- The North Carolina General Assembly added “Aggravated Level One DWI” in 2011
- During Sentencing Hearing Court considers:
- Grossly Aggravating Factors
- Aggravating Factors
- Mitigating Factors
- Defined by Statute
See More: DWI Sentencing in North Carolina 2016
What is Parole Eligibility?
Parole has been specifically abolished in North Carolina for offenses falling under Structured Sentencing; yet, because DWI DUI Impaired Driving in North Carolina does not fall under Structured Sentencing, Parole is technically possible for Driving While Impaired.
As a practical matter, most sentences are completed before there is a real chance of the Parole Commission meeting to discuss any individual matter involving Impaired Driving.
What Sentencing Options may the Judge Impose?
- Depends on the Level of offense class
- Levels 3, 4, and 5 give the option of Community Service instead of Imprisonment
- Level 3 allows for 72 Hours Imprisonment OR 72 Hours Community Service
- Level 4 allows for 48 Hours Imprisonment OR 48 Hours Community Service
- Level 5 allows for 24 Hours of Imprisonment OR 24 Hours Community Service
- Generally, there is a preference for Community Punishmnet
What are the Differences in DWI Sentencing in North Carolina?
- Substantial line of demarcation is between DWI Levels A1, 1, 2, and Levels 4, 5, 6
- While there is a preference under Levels 4, 5, and 6 for Community Service, Imprisonment is an option available to the Court
- Level 1 and Level 2 offenses normally require some period of incarceration
- The Court may in its discretion allow for options such as CAM Continuous Alcohol Monitoring in lieu of incarceration
- Aggravated Level 1 requires, with a suspended active term, a minimum 120 day split sentence AND 120 of CAM
- Aggravated Level 1 has a Maximum of not more than 36 months
- Aggravated Level 1 requires 120 days of post-release supervision
- Aggravated Level 1 does NOT allow for Parole
- Aggravated Level 1 does NOT receive Good Time or Gain Time
See More: How Is Court Scheduled in North Carolina?
What is DWI Probation in North Carolina?
- Can be up to five (5) years
- True for Misdemeanors, Felony crime, and DWI cases throughout North Carolina
- Special Supervised Probation, statutory term for a “split sentence”
- No more than 1/4 maximum authorized by punishment chart for that Level
- Served in Local Jail or Treatment Facility for period of confinement
- No sentence reduction credits for Special Probation / Split Sentence
- Preference for Unsupervised Probation for Levels 3, 4, and 5
- Every day of a Split Sentence must be served
- Imprisonment for a Split Sentence is not technically an “Active Sentence”
Where are Active Sentences for Impaired Driving Served in North Carolina?
- Place for Confinement – Statewide Misdemeanant Confinement Program (SMCP)
- Created in 2011
- Initially did NOT include Impaired Driving
- Initially included sentences of 91 to 120 days long
- Legislature has removed 120 “cap”
- January 2015 ALL DWI cases covered under the SMCP
- Judgment entered by Court directs North Carolina Sheriff’s Association to find space in jail to accommodate
- Contract between County and State Department of Public Safety
- Counties “Volunteer” space to the SMCP
- Counties may limit the space or “beds” available to the SMCP
- Defendants are spread throughout the program
- Normally Defendants are housed within nearby Volunteer Counties
- The Sheriff’s Association generally attempts to keep person within the County of Conviction
- Approximately 1,200 inmates presently enrolled
- Capacity in North Carolina approximately 1,800 inmates
- $40 per day / per prisoner for confinement awarded to volunteer counties
- SMCP provides for transportation costs and some medical costs reimbursement
Sentence Administration for DWI DUI Impaired Driving in North Carolina
- There a minimum and maximums
- Different than Structured Sentencing
- Sentence Reduction Credit (Good Time)
- Parole
What is Good Time?
Secretary of Public Safety sets forth protocols
.0111 GOOD TIME
- Inmates are awarded Good Time
- 1 day deducted from prison or jail term for 1 day spent in custody
- Subject to Violations of Inmate Conduct Rules
- Disciplinary Process of Hearings can take time away
- Normally time is cut automatically on the “front end”
- The reason a person gets out in 1/2 the time is a discretionary choice of the Secretary of Public Safety
- Good Time is not directly addressed by General Statute(s)
- In existences for decades
- Legally the Secretary of Public Safety could change the policy at any time
See More: Policy and Procedure Manual Department of Public Safety North Carolina
Parole Eligibility in North Carolina
- N.C.G.S. 15A-1371
- Eligible for release “only upon completion”
- Minimum Term OR
- 1/5th the Maximum Penalty allowed by Law
- Whichever if Less
- Less any credit allowed under 15A-1355(c) and Article 19A of Chapter 15
- Can NOT be paroled without required Assessment and any recommended Treatment
- Can NOT be paroled if in Residential Treatment Program
- DART-Cherry / Black Mountain
What is Gain Time?
- Related to Inmate Work or Programming
- Does apply to DWI cases in North Carolina
- Often applies to prior record level offenses that took place before to 1994
- Gain Time calculations applied frequently to serious matters such as Murder and Rape
See More: North Carolina Department of Correction Rules and Policies 2010
What’s Different about Aggravated Level 1?
- Shall not be eligible for Parole
- N.C.G.S. 20-179 (f3) Aggravated Level One DWI
- M/M refers to Minimum / Maximum
- M/M 12 months to 36 months
- Release to PRS after 32 months
- No sentence reduction credit
- No Parole
- M/M 36 months to 36 months
- Release to PRS after 32 months
- M/M 12 months to 12 months
- Release to PRS after 8 months