DWI or 'Driving While Impaired' is a very serious and common offense in Charlotte, North Carolina, and the charge has its own unique sentencing structure. The judge in a DWI case must consider the presence and severity of the following factors: Aggravating Factors, Grossly Aggravating Factors, and Mitigating Factors
Grossly aggravating factors can include: A prior DWI conviction within seven years of the arrest date on the present offense, if the driver caused serious injury, or If the driver had a passenger under the age of 18 years in the car, a passenger with the mental development of a child under the age of 18 years in the car, or a passenger with a physical disability preventing unaided exit from the vehicle.
Judges consider aggravating factors when determining punishment and sentencing. Aggravating factors include things like: a blood alcohol content of 0.015 percent or higher, negligent driving that resulted in a reportable accident, with personal injuries or property damage of $1000 or greater, generally dangerous driving habits, driving with an expired or revoked license and a DWI conviction 7 years or more in the past. Also, when a driver speeds in excess of 30mph over the speed limit, flees from arrest or pursuit, or passes a school bus that is stopped, it is considered an aggravating factor. There are many other factors, but these are many of the most common ones.
A factor considered 'Mitigating' if it lessens the severity of the offense. Examples of this include: a blood alcohol level of less than 0.09 percent (slight impairment), otherwise safe driving behavior (besides DWI), a clean driving record, and if impairment is due to a prescription drug lawfully obtained and taken according to doctors orders.
Receiving a DWI in Charlotte, North Carolina can be very challenging situation. Let the experienced attorneys at Minick Law help guide you through the process, and help you get the best possible outcome for your case.
Grossly aggravating factors can include: A prior DWI conviction within seven years of the arrest date on the present offense, if the driver caused serious injury, or If the driver had a passenger under the age of 18 years in the car, a passenger with the mental development of a child under the age of 18 years in the car, or a passenger with a physical disability preventing unaided exit from the vehicle.
Judges consider aggravating factors when determining punishment and sentencing. Aggravating factors include things like: a blood alcohol content of 0.015 percent or higher, negligent driving that resulted in a reportable accident, with personal injuries or property damage of $1000 or greater, generally dangerous driving habits, driving with an expired or revoked license and a DWI conviction 7 years or more in the past. Also, when a driver speeds in excess of 30mph over the speed limit, flees from arrest or pursuit, or passes a school bus that is stopped, it is considered an aggravating factor. There are many other factors, but these are many of the most common ones.
A factor considered 'Mitigating' if it lessens the severity of the offense. Examples of this include: a blood alcohol level of less than 0.09 percent (slight impairment), otherwise safe driving behavior (besides DWI), a clean driving record, and if impairment is due to a prescription drug lawfully obtained and taken according to doctors orders.
Receiving a DWI in Charlotte, North Carolina can be very challenging situation. Let the experienced attorneys at Minick Law help guide you through the process, and help you get the best possible outcome for your case.
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