DWI Levels in North Carolina Explained (2025) | Aggravated Level 1 Through Level 5
Understand North Carolina's DWI classification system from Aggravated Level 1 to Level 5. Learn about aggravating and mitigating factors that determine sentencing levels and penalties.
North Carolina's DWI sentencing system uses six distinct levels to classify impaired driving offenses based on aggravating and mitigating factors. Understanding these levels is crucial for anyone facing DWI charges.
North Carolina's DWI classification system ranges from Aggravated Level 1 (most serious) to Level 5 (least serious), with each level carrying specific jail time, fines, and license suspension periods. The level assigned to your case depends on the presence of aggravating and mitigating factors.
This comprehensive guide explains each DWI level, the factors that determine classification, and the penalties associated with each level under N.C.G.S. § 20-179.
Table of Contents
- Overview of DWI Levels
- Aggravated Level 1 DWI
- Level 1 DWI
- Level 2 DWI
- Level 3 DWI
- Level 4 DWI
- Level 5 DWI
- Aggravating Factors
- Mitigating Factors
- How DWI Level is Determined
- Frequently Asked Questions
Overview of DWI Levels
North Carolina's DWI system has six levels, ranked from most serious to least serious:
DWI Level Hierarchy
| Level | Description | Jail Time | Fine | License Suspension |
|---|---|---|---|---|
| Aggravated Level 1 | Major injury or minor in car | 12-36 months | Up to $10,000 | Permanent revocation possible |
| Level 1 | Passenger under 18 or prior DWI | 30 days-2 years | Up to $4,000 | 1 year |
| Level 2 | Two aggravating factors | 7 days-12 months | Up to $2,000 | 1 year |
| Level 3 | Balance of factors | 72 hours-6 months | Up to $1,000 | 1 year |
| Level 4 | Mostly mitigating | 48 hours-120 days | Up to $500 | 1 year |
| Level 5 | First offense, mitigating | 24 hours-60 days | Up to $200 | 1 year |
→ Calculate your DWI level and penalties based on your specific case factors.
Aggravated Level 1 DWI
Most serious DWI classification with the harshest penalties.
Triggering Factors
- Accident causing injury or death to another person
- Passenger under 18 in the vehicle at time of arrest
- Combination of serious aggravating factors
Penalties
- Jail Time: 12-36 months
- Fine: Up to $10,000
- License Suspension: Permanent revocation possible
- Community Service: Not available
- Alcohol Assessment: Required
Examples
- DWI with passenger under 18
- DWI resulting in serious injury
- DWI causing death (may also face vehicular homicide charges)
Level 1 DWI
Serious DWI with significant penalties.
Triggering Factors
- Passenger under 18 in vehicle, OR
- One or more prior DWI convictions within 10 years
Penalties
- Jail Time: 30 days-2 years
- Fine: Up to $4,000
- License Suspension: 1 year
- Community Service: Available (24 hours = 1 day jail credit)
- Alcohol Assessment: Required
Examples
- First DWI with minor passenger
- Second DWI offense
- DWI with BAC ≥ 0.15% and minor passenger
Level 2 DWI
Two aggravating factors present.
Triggering Factors
- Two or more aggravating factors (see aggravating factors section below)
Penalties
- Jail Time: 7 days-12 months
- Fine: Up to $2,000
- License Suspension: 1 year
- Community Service: Available
- Alcohol Assessment: Required
Examples
- BAC ≥ 0.15% + reckless driving
- BAC ≥ 0.15% + speeding 30+ mph over limit
- Reckless driving + prior DWI conviction
Level 3 DWI
Balance of aggravating and mitigating factors.
Triggering Factors
- One aggravating factor with one or fewer mitigating factors
Penalties
- Jail Time: 72 hours-6 months
- Fine: Up to $1,000
- License Suspension: 1 year
- Community Service: Available
- Alcohol Assessment: Required
Examples
- BAC ≥ 0.15% with no mitigating factors
- Reckless driving with safe driving record
- First DWI with BAC ≥ 0.15%
Level 4 DWI
Mostly mitigating factors present.
Triggering Factors
- No aggravating factors with two or more mitigating factors
Penalties
- Jail Time: 48 hours-120 days
- Fine: Up to $500
- License Suspension: 1 year
- Community Service: Available
- Alcohol Assessment: Required
Examples
- First DWI with safe driving record + voluntary treatment
- BAC < 0.15% with no prior record + safe driving record
Level 5 DWI
Least serious DWI with minimal penalties.
Triggering Factors
- First offense with mitigating factors only
- No aggravating factors present
Penalties
- Jail Time: 24 hours-60 days
- Fine: Up to $200
- License Suspension: 1 year
- Community Service: Available
- Alcohol Assessment: Required
Examples
- First DWI with BAC < 0.15%
- First DWI with no prior record
- First DWI with safe driving record
➜ Learn more about first-time DWI offenses and what to expect after your arrest.
Aggravating Factors
Factors that increase your DWI sentencing level:
Automatic Aggravating Factors
- BAC ≥ 0.15%: High blood alcohol concentration
- Passenger under 18: Minor in vehicle at time of arrest
- Accident causing injury/death: Serious consequences
- Prior DWI convictions: Previous impaired driving offenses
Additional Aggravating Factors
- Reckless driving: Charged with reckless driving in addition to DWI
- Speeding 30+ mph over limit: Excessive speed at time of arrest
- Refusal to submit to testing: Refusing breath or blood test
- Driving with suspended license: Operating vehicle while license suspended
Mitigating Factors
Factors that reduce your DWI sentencing level:
Strong Mitigating Factors
- No prior criminal record: Clean criminal history
- Safe driving record: Good driving history with no recent violations
- Voluntary alcohol treatment: Completed or enrolled in treatment program
- Low BAC level: BAC significantly below 0.08%
Additional Mitigating Factors
- Cooperation with law enforcement: Compliant during arrest
- Employment/education commitments: Strong ties to community
- Family responsibilities: Dependents relying on defendant
- Voluntary community service: Proactive community involvement
How DWI Level is Determined
The court determines your DWI level by:
- Identifying aggravating factors present in your case
- Identifying mitigating factors present in your case
- Applying the sentencing grid based on factor balance
- Considering prior convictions and driving history
- Reviewing case circumstances and evidence
Sentencing Grid Logic
Aggravating Factors vs Mitigating Factors:
2 or more Aggravating + 0 to 1 Mitigating = Level 2
1 Aggravating + 0 to 1 Mitigating = Level 3
0 Aggravating + 2 or more Mitigating = Level 4
0 Aggravating + 1 or more Mitigating = Level 5
Special Cases:
- Passenger under 18 OR Prior DWI = Level 1
- Accident with injury/death = Aggravated Level 1
Frequently Asked Questions
What are the DWI levels in North Carolina?
DWI offenses are classified from Aggravated Level One (most serious) to Level Five (least serious), based on aggravating and mitigating factors present in your case.
What is the penalty for a first DWI offense in NC?
Usually Level 5, with up to 60 days in jail, $200 fine, and a one-year license suspension. However, aggravating factors like high BAC or reckless driving can increase the level.
Can a DWI be dismissed in North Carolina?
Yes, but only if procedural or evidentiary issues arise (e.g., unlawful stop or improper BAC testing). Most DWI cases result in conviction or plea agreements.
Is DWI a felony in North Carolina?
Most DWIs are misdemeanors. However, habitual DWI (3+ within 10 years) becomes a felony under N.C.G.S. § 20-138.5.
What's the difference between DUI and DWI in NC?
They refer to the same charge. North Carolina officially uses "DWI" (Driving While Impaired) under N.C.G.S. § 20-138.1. For more details, see our DUI vs DWI in North Carolina guide.
What is a Level 5 DWI in NC?
The least severe category, typically assigned to first-time offenders with mitigating factors like no prior record or safe driving history.
How long does a DWI stay on your record?
DWI convictions remain on your driving record permanently. However, they may be eligible for expungement under G.S. § 15A-145.5 after meeting specific requirements, including a 3-year waiting period and no subsequent convictions.
This article is for educational purposes only and does not constitute legal advice. Always consult with a qualified North Carolina attorney for legal guidance regarding your specific situation.