Aggravating factors are those that are seen as negative in a DWI case. While not as serious as grossly aggravating factors, aggravating factors can enhance your penalty level, especially if they outweigh the number of positive or mitigating factors in your case.
Aggravating DWI factors in North Carolina include:
Having a BAC of .15 or higher
Driving with a revoked license
Having a previous DWI conviction
Illegally passing a school bus
Driving 30 mph over the speed limit
Speeding in an attempt to elude police
Reckless driving
Causing an accident
Grossly Aggravating DWI Factors
North Carolina’s six-tier DWI sentencing structure takes into account certain factors. By weighing examining both the positive (mitigating) and negative (aggravating and grossly aggravating) points in each case, the judge is able to assign a punishment level.
Grossly aggravating factors are those that are particularly serious. If you have three or more of these in your DWI case, you will be punished as an Aggravated Level I; two are punished as a Level I and one is punished at a Level II.
Grossly aggravating factors include:
Having a child under the age of 18 present in your vehicle
Serious injury to another person
Prior DWI conviction within the past seven years
Driving while intoxicated with a license that is suspended on a previous DWI conviction
Our skilled Raleigh DWI lawyer will fight for you. Contact the firm at (919) 805-3663 to schedule your free consultation.
