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