AOC-CR-603 — Impaired Driving Sentencing Worksheet

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01 CASE IDENTIFICATION

Defendant Name *

File No. *

County

Presiding Judge

BAC / Test Result

Date of Offense

Prepared by (Attorney)

NC Bar No.

02 GROSSLY AGGRAVATING FACTORS (G.S. 20-179(c))

Each grossly aggravating factor (GAF) found by the judge drives the punishment level. The presence of any GAF mandates at least Level 2. Three or more GAFs mandate Level A1. Each checked box counts — multiple GAF items may require elevated levels.

Prior DWI conviction within 7 years G.S. 20-179(c)(1) — a prior conviction of G.S. 20-138.1 or any substantially similar offense within 7 years before the current offense. Each prior conviction counts as a separate GAF.

Driving while license revoked for impaired driving (G.S. 20-28) G.S. 20-179(c)(2) — license was revoked under G.S. 20-28 and the revocation was an impaired driving revocation at the time of offense.

Serious injury caused to another person G.S. 20-179(c)(3) — defendant's impaired driving caused serious injury as defined in G.S. 14-32.4 to another person.

Child under age 18 (or disabled person) was in the vehicle G.S. 20-179(c)(4) — a child under 18, person with mental disability, or person with physical disability preventing self-evacuation was in the vehicle at the time of offense.

Second prior DWI conviction within 7 years (second separate count) G.S. 20-179(c)(1) — each separate qualifying prior conviction is a separate GAF. Check this box if there are two or more prior DWI convictions within 7 years.

GROSSLY AGGRAVATING FACTORS FOUND: 0

04 MITIGATING FACTORS (G.S. 20-179(e))

Slight impairment only — BAC did not exceed 0.09 at relevant time (no chemical test taken or only one test result)

Slight impairment only — caused by lawful use of prescribed drug or OTC medication taken at proper dosage, without influence of alcohol

Drove safely and cautiously

Safe driving record — no convictions for any motor vehicle offense in 10 years prior to offense

Impairment was caused by a lawfully prescribed medication taken in proper dosage

Defendant voluntarily submitted to a mental health facility for assessment after arrest and prior to trial and completed recommended treatment

Defendant has been assessed by a mental health facility and is making satisfactory progress in treatment

Defendant has completed an alcohol or substance abuse treatment program since the offense

Any other mitigating factor that the judge finds is relevant under G.S. 20-179(e)

Mitigating factors selected: 0

05 PUNISHMENT LEVEL DETERMINATION

DETERMINED DWI PUNISHMENT LEVEL — G.S. 20-179

LEVEL 4

No grossly aggravating factors. Aggravating and mitigating factors in balance.

Minimum: — | Maximum: —

Level determination logic (G.S. 20-179(f)):
Level A1 if 3+ GAFs found, or if 2 GAFs when one is a prior DWI plus another listed GAF
Level 1 if 2 GAFs, or if court finds any 1 GAF plus other circumstances
Level 2 if 1 GAF
Level 3 if 0 GAFs and aggravating substantially outweigh mitigating
Level 4 if 0 GAFs and neither category substantially outweighs the other
Level 5 if 0 GAFs and mitigating substantially outweigh aggravating

Override Level (if court determines differently)

Ignition Interlock Required

Notes

SELECTED COUNTY

— Select above —

DWI PUNISHMENT LEVELS (G.S. 20-179)

Level A112–36 mos active

Level 130 days–2 years

Level 27 days–1 year

Level 372 hrs–6 months

Level 448 hrs–120 days

Level 524 hrs–60 days

LEVEL A1 NOTES

Minimum active sentence required — no probation for the minimum term
Court may order substance abuse assessment and treatment as part of any sentence
G.S. 20-179(f3) governs Level A1 sentence structure

IGNITION INTERLOCK

Required for BAC ≥ 0.15 or if prior DWI within 7 years (G.S. 20-17.8)
Minimum 1 year for first offense with BAC ≥ 0.15
Minimum 3 years for second conviction within 7 years
IID required before limited driving privilege is issued

KEY RULES

GAFs are found by judge — not jury — as a matter of law (G.S. 20-179(a1))
State bears burden to prove GAFs and aggravating factors by preponderance
Defendant bears burden to prove mitigating factors by preponderance
No concurrent sentencing for multiple DWI convictions in same session
Level A1 sentence may run consecutive with other sentences

NEXT: CR-604 PROBATION

DWI conditions of probation — including alcohol monitoring, treatment, and community service — are set on AOC-CR-604.

OPEN CR-604 WORKSHEET →