Two-Timing on the Weekends is Allowed  . . . and Other Rules for DWI Sentences

Spring is upon us, and today’s post addresses the top five DWI sentencing questions of the season.  Defendant is sentenced on the same day for two DWIs. May the sentences run concurrently?   Yes. Contrary to popular belief, there is no requirement that sentences for misdemeanor impaired driving in violation of G.S. 20-138.1 run consecutively to one another. Indeed, if the judgment does not specify how the sentences are to be served, DWI sentences, like Structured Sentencing sentences, run concurrently.  G.S. 15A-1354(a). Misdemeanor impaired driving convictions may not, however, be consolidated with one another for judgment. G.S. 20-179(f2). Thus, a separate judgment must be entered for each DWI conviction.  A misdemeanor DWI conviction may be consolidated with a conviction for an offense that carries greater punishment.  Id. Defendant is sentenced for DWI. How long may his period of probation be?   Five years. And no special findings are required to impose a sentence of that length. G.S. 15A-1342(a). This rule differs from the length-of-probation rules that apply to Structured Sentencing offenses, and which require special findings to impose longer or shorter periods of punishment.  Cf. 15A-1343.2(d).  No particular minimum period of probation is required, but probation imposed for a DWI must be long enough to allow the defendant to satisfy the minimum requirements for a suspended DWI sentence. Defendant is sentenced for Level A1 DWI. His sentence is suspended on condition that he serve 120 days imprisonment and that he abstain from alcohol for 120 days as monitored by a continuous alcohol monitoring [...]