In addition to enacting the aggravated level one punishment for impaired driving discussed here, the 2011 General Assembly amended the requirements for imposing a Level One impaired driving sentence, effective for offenses committed on or after December 1, 2011. Most readers likely are familiar with the sentencing scheme set forth in G.S. 20-179, which governs sentencing for convictions under G.S. 20-138.1 (driving while impaired), G.S. 20-138.2 (driving while impaired in a commercial vehicle) and second or subsequent convictions under G.S. 20-138.2A (operating a commercial vehicle after consuming alcohol) and G.S. 20-138.2B (operating a school bus or child care vehicle after consuming alcohol). Those who aren’t can read more about the current sentencing scheme here and here. S.L. 2011-329 (S 241) amends G.S. 20-179 to require that persons convicted of covered impaired driving offenses be sentenced to Level One punishment if the grossly aggravating factor in G.S. 20-179(g)(4) exists. Before these amendments, a person could be sentenced at Level One upon a finding of at least two grossly aggravating factors. This factor formerly applied if the defendant drove while a child under the age of sixteen was in the car. The act also amends the factor itself, rendering it applicable if the defendant drives while impaired with any of the following types of persons in the car: a child under the age of eighteen, a person with the mental development of a child under the age of eighteen, or a person with a physical disability that prevents the person from getting out [...]
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