Top 3 Questions About Level A1 DWI Sentences

The most serious level of misdemeanor DWI is Aggravated Level One, which I generally refer to as Level A1.  A defendant convicted of driving while impaired is subject to sentencing at Level A1 if three or more grossly aggravating factors apply.  G.S. 20-179(c). Typically, defendants sentenced at this level are repeat offenders, though it is … Read more


Credit for Inpatient Treatment in Impaired Driving Cases

One of the purposes for sentencing for impaired driving, like sentencing generally, is to rehabilitate offenders so that they may be restored to the community as lawful citizens.  Cf. G.S. 15A-1340.12.  The rehabilitative aims of the sentencing scheme for impaired driving are evident in the requirement that offenders obtain substance abuse assessment at treatment as … Read more

Credit for Work and Educational Programs in the Jail

One of the goals of the Justice Reinvestment Act is to have more misdemeanants serve their time in the county jail instead of the Department of Correction. I’ll write soon about the new rules for determining where a sentence should be served (you should disregard this prior post on that subject). In the meantime, it … Read more