Will You Go to Jail if convicted of a DWI?
Simple answer: it depends.
In North Carolina, DWIs are divided into levels of seriousness. If you are sentenced to the least serious level (Level 5, which is most common), then the judge will typically not require you to do jail time.
Here are the DWI sentencing levels in North Carolina and their jail sentences:
- Level A1 – 120 days in jail minimum*, 36 month maximum
- Level 1 – 30 days in jail minimum*, 24 months maximum
- Level 2 – 7 days in jail minimum*, 12 month maximum
- Level 3 – 72 hours jail/community service minimum, 6 months maximum
- Level4 – 48 hours jail/community service minimum, 120 days maximum
- Level5 – 24 hours jail/community service minimum, 60 days maximum
There are certain facts that, if present, greatly increase your chances of not only spending time in jail, but spending significant time in jail. If one of these factors is present, then a judge is required to sentence you to a Level 2, Level 1, or Level A1. These facts are called grossly aggravating factors. The most common factors that you need to be aware of are:
- If you have a DWI conviction within seven years,
- if you have a kid in the car,
- if your license is revoked because of a DWI,
- or if you’re involved in a wreck that causes a serious injury.
- If one of these is present in your case, you’re at risk of serving significant jail sentence.
As you may have noticed in Levels 3, 4, and 5, the minimum sentence is “jail/community service.” The judge has the discretion to give you community service instead of jail time. Some people would rather do jail time and some people would rather do community service. Ultimately, the judge decides which one, but most judges will let you choose.


Felonies & Misdemeanors
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Murder is one of the most serious crimes to be accused of and, if convicted, is accompanied by a life sentence, possibly without parole. Common charges include voluntary manslaughter, involuntary manslaughter, vehicular homicide, second-degree murder, and first-degree murder.

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DWI / DUI
Being charged with a DWI/DUI in North Carolina is no small matter. Retain a defense lawyer with experience with North Carolina DWI/DUI defense. As a former prosecutor, I have exceptional knowledge of the State Court systems and the DWI/DUI process to help defend against your charges.

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Crimes surrounding sex range from harassment to rape and can result in variable punishments at the state and federal levels depending on whether children, the internet, money, or weapons are involved. Seek the guidance of an experienced criminal defense attorney if you are being charged with a sexual offense.

Drug Crime
A drug crime conviction can impose some of the harshest penalties available, including hefty fines, seizure of property, and possible imprisonment. If you are faced with any type of drug crime, you need an experienced criminal defense attorney to help you navigate the complex drug laws of North Carolina.

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Common white-collar crimes include but are not limited to fraud, embezzlement, money laundering, and forgery. If you suspect that you are the subject of a criminal, corporate, or governmental investigation, seek the assistance of an experienced criminal lawyer to help you.

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