DWLR + DWI Does Not (Automatically) Equal a Grossly Aggravating Factor

Author's note:  The law was amended in 2015 to alter this analysis.  The amendments are discussed here. Grossly aggravating factors matter in DWI sentencing.  And there’s one factor that seems to be confusing folks, particularly when it comes to ignition interlock violations. Here’s hoping this post clears it up.People convicted of impaired driving have their driver’s licenses revoked for a definite period, either one year, four years, or permanently, depending upon the person’s prior record. A person may apply to DMV to have his or her license restored after a one-year period of revocation ends or after two years of a four year or permanent revocation. If the DWI conviction is based on an offense in which the person had an alcohol concentration of 0.15 or more, or the person had a prior DWI within seven years, the person’s license is restored subject to an ignition interlock restriction. That restriction requires that the person (1) operate only a vehicle equipped with a functioning ignition interlock system of a type approved by DMV; (2) personally activate the ignition interlock system before driving the vehicle; and (3) not drive with an alcohol concentration that meets or exceeds the specified level of 0.04 or 0.00. Despite the fact that the person’s license is restored and is no longer revoked, driving in violation of any of these ignition interlock restrictions constitutes the offense of driving while license revoked.  Why is that?  Because the General Assembly said so.  G.S. 20-17.8(f) provides that a person who violates [...]