DWLR as a Grossly Aggravating Factor for DWI Sentencing

Grossly aggravating or just grossly confusing?  When is a DWI defendant driving while revoked for an impaired driving revocation? Several earlier posts (here , here and here) have discussed sentencing for the offense of impaired driving. The punishment for driving while impaired is based on the presence and weighing of statutorily defined aggravating and mitigating factors. The factors with the greatest influence upon the sentence imposed are denominated grossly aggravating factors (GAFs). One GAF requires a Level Two punishment. More than one GAF requires punishment at Level One, the level with the highest mandatory minimum and maximum sentence. The GAF about which I receive the most questions is set forth in G.S. 20-179(c)(2):  “Driving by the defendant at the time of the offense while his driver’s license was revoked under G.S. 20-28, and the revocation was an impaired driving revocation under G.S. 20-28.2(a).” The following four scenarios are those about which folks most often inquire. 1. The defendant’s license previously was revoked upon conviction of driving while impaired. The time period set forth for that revocation pursuant to G.S. 20-19(c1) (one year) or (d) (four years) had expired at the time of the current offense. However, the defendant’s license had not been restored when he committed the current offense. Does the GAF apply? It depends. If the defendant failed to obtain a certificate of completion for receiving a substance abuse assessment and completing an ADET school or substance abuse treatment program, the revocation period is extended until DMV receives the certificate of [...]