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Will I serve jail time for a DUI?

On Behalf of | Jun 10, 2022 | Criminal Defense |

The state of North Carolina takes driving under the influence very seriously. Even the slightest first offense can result in jail time.

The charges regarding DUI can bridge from misdemeanor to felony. The classification of your offense determines the amount of jail time you may face.

What are the levels of misdemeanors?

Misdemeanor DUI varies in severity, from level I (most serious) to level V (least). Levels I & II are for repeat offenders, drivers without a license, or drivers in accidents that involved injury.

Level V: Jail time from 24 hours to 60 Days; fine of up to $200. A judge can suspend jail time, with replacement penalties of 24 hours of community service or license suspension of 30 days.

Level IV: Jail time from 48 hours to 120 days; fine up to $500. The judge can substitute 48 hours of community service or license suspension of 60 days.

Level III: Jail time of 72 hours to 6 months; fine up to $1000. A suspended sentence requires 72 hours of community service or a license suspension of 90 days.

Level II: Jail time of 7 days to one year; fine up to $2000. The judge cannot suspend the minimum sentence.

Level I: Jail time of 30 days to two years; fine up to $4000. The judge cannot suspend the minimum sentence.

What constitutes a felony DUI?

Felony DUI applies to drivers who have had three DUI convictions in the past seven years. This charge carries a minimum jail sentence of one year that a judge cannot suspend. A conviction also mandates participation in a substance abuse program.

Facing a DUI charge can result in serious consequences, including jail time, even for a first offender.

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