DWI CHEAT SHEET

Q: How does the sheet determine the sentencing level using aggravating and mitigating factors?

It compares the number and type of grossly aggravating factors against mitigating factors, using rules like “Aggravating outweighs Mitigating” and specific conditions for levels when there are multiple aggravating factors or when aggravating equals mitigating.

Q: What mandatory sentencing conditions apply when a sentence is suspended?

The sheet lists requirements for minimum imprisonment terms when suspended, alcohol abstinence for a defined period, and substance abuse assessment and treatment, tied to the relevant statutory cross-references.

Q: What are the eligibility and requirements for limited driving privilege and interlock?

The sheet specifies conditions such as valid/expired license timing, restrictions on prior impaired-driving convictions, and required substance abuse assessment filing. It also states that an interlock is required when the relevant alcohol threshold is 0.15 or more.

Sep 18, 2026

Uploaded by Marry

DWI CHEAT SHEET consolidates sentencing level logic and statutory requirements for impaired driving, including how grossly aggravating factors and mitigating factors are compared to determine the sentencing level. It summarizes mandatory split sentencing rules when suspended, minimum and maximum jail or community service durations, probation conditions such as alcohol abstinence, and when substance abuse assessment and treatment are required. It also outlines eligibility standards for limited driving privilege and refusal privilege, plus interlock requirements and key procedural/appeal references.

LanguageEnglish

CategoryExam

FormatPDF

Pages2

Reading Time5 min

AccessFree to download

DWI CHEAT SHEET

Agg1=3 or more Grossly Aggravating Factors

Limited Driving Privilege Eligibility

Refusal Privilege

Interlock

Grossly Aggravating Factors

Aggravating Factors

# DWI CHEAT SHEET Levels:(§20-179(c-k)AOC-CR-311 ## Agg1=3 or more Grossly Aggravating Factors # 1=2 Grossly Aggravating Factors,OR factor involving age/disability 2=1 Grossly Aggravating Factor(other than factor involving age/disability) 3=Aggravating outweighs Mitigating A>M 4=No Aggravating or Mitigating Or Aggravating=Mitigating A=M M>A 5=Mitigating outweighs Aggravating Sentencing:(§20-179(3)-(k)AOC-CR-310&342 | Mandatory split IF suspended
Minimum Maximum
Lee
12 months 36 months/S10,000120 days
IF suspended,MUST require a term of imprisonment of at least 120 days,
abstain from alcohol for period of 120 days up to the full term of probation
and reauire abuse assmt and treatment (820-179(3)) | | --- | | Level
Minimum
Maximum Mandatory split IFsuspended
1
30 days&S4,000
24 months 30 days MAY reduce to 10 days
if CAM for 120(may apply up to 60 pretrial days)(B.
2
7 days &S2,000
12 months 7 days MAY eliminate split
if CAM for 90(may apply up to 60 pretrial days)AND
if prior w/in 5 years or DWLR.MUST perform 240 hours of CS (h)
MAY require abstain from alcohol as verified by CAMS(820-179(hl)&(k2) | | Minimum
MAY be suspended with these
Maximum
Level
Probation Conditions
72 hrs
3
(i)
6 months
72 hours jail
S1,000
72 hours C.S.
Or any combination
4
120 days
()
48 hrs
48 hours jail
$500
48 hours C.S.
Or any combination
(k)
5
24 hrs
60 days
24 hours jail
24 hours C.S.
S200 | SECOND or subsequent off.requires interlock on all vehicles owned or operated ## SECOND or subsequent off.requires at least 30 days of CS OR 5 days in jail THIRD or subsequent fl requires at least 60 days of CS OR 10 days in jail IF suspended,MUST require substance abuse assmt and treatment(§20-179(-k)) MAY require abstain from alcohol as verified by CAMS(§20-179(k2)) No Jail Credit for First 24 Hours(§20-179(p)(1)) Hour for Hour service/Weekends/Report in Sober Condition(§20-179(s)) Credit for Inpaticnt Treatment(§20-179(k1)) Can'tconsolidate multiple DWIs.Can consolidate w/higher charge(§20-179(f2)) ## Aiding and Abetting conviction is always LEVEL5(§20-179(f1))MUST serve active sentence in local jail unless second DWI(§20-176(c1)) # Limited Driving Privilege Eligibility:(§20-179.3)AOC-CR-312 ## Valid license or license that had been expired for less than I yearNo prior impaired driving convictions w/in 7 years of offense dateLevel Three,Four,or Five was imposed and Not a refusalAfter offense,not been convicted of or have unresolved DWI chargeObtained and filed with the court a substance abuse assessment NEED · Letter on letterhead for nonstandard working hours(STD hours 6:00 AM.to 8:00 PM.Mon through Fri) DL-123 or DL-123A from Ins.Co.(Only good for 30 days) ## S100 filing fee Allows maintenance of houschold only during standard hoursAllows for work,edu&religious worship during standard and listed timesCS,assmt and treatment as directed;Medical anytime ## Refusal Privilege:(520-16.2(el)&g20-179.3)AOC-CR-313 Same as above but also;No prior refusals win 7 years No death or critical injury Final dispo AND Revoked at least 6months AND no unresolved DWI charges Complied with at least one condition of suspended sentence Completed training or treatment per assessment Allows work,edu&religious worship same.If<.15medical anytime,maint std &CS as directed If≥.15 not allowed for medical,maint or CS ## Interlock:(620-1793(g5))required when 0.15 or more AOC-CR-340 §20-179.3(c1)requires 45 day waiting period for LDP Does not allow maint,medical or CS/allows work,edu.&tmt at listed times # Interlock info:www.smartstartinc.com 800-880-3394DWI Regs:10A N.C.A.C.41B.0101-41B.0503Preventive Maintenance and Permits(s20-139.1(b2);(b6))www.ncpublichealth.com/chronicdiseaseandinju

FAQs

How does the sheet determine the sentencing level using aggravating and mitigating factors?

It compares the number and type of grossly aggravating factors against mitigating factors, using rules like “Aggravating outweighs Mitigating” and specific conditions for levels when there are multiple aggravating factors or when aggravating equals mitigating.

What mandatory sentencing conditions apply when a sentence is suspended?

The sheet lists requirements for minimum imprisonment terms when suspended, alcohol abstinence for a defined period, and substance abuse assessment and treatment, tied to the relevant statutory cross-references.

What are the eligibility and requirements for limited driving privilege and interlock?

The sheet specifies conditions such as valid/expired license timing, restrictions on prior impaired-driving convictions, and required substance abuse assessment filing. It also states that an interlock is required when the relevant alcohol threshold is 0.15 or more.

Sep 18, 2026

Uploaded by Marry