When Is a Prior Impaired Driving Conviction Final Enough to Be Counted Under G.S. 20-179?

As most readers know, sentencing for most misdemeanor and felony convictions in North Carolina is governed by the structured sentencing provisions set forth in Article 81B of Chapter 15A of the General Statutes. See G.S. 15A-1340.10. The misdemeanor offense of impaired driving as defined in G.S. 20-138.1 and several related offenses, however, are excepted from structured sentencing and instead are sentenced pursuant to G.S. 20-179, which sets forth six levels of narrowly prescribed permissible punishments.  The determination of aggravating and mitigating factors controls the applicable level. Four aggravating factors, termed “grossly aggravating factors,” are deemed more serious than other factors and thus have a greater impact on the defendant’s sentence.  One grossly aggravating factors is “a prior conviction for an offense involving impaired driving” that occurred (a) within seven years before the date of the offense for which the defendant is being sentenced,  (b) after the date of the offense for which the defendant is presently being sentenced but prior to or contemporaneously with the present sentencing; or (c) in district court; the case was appealed to superior court; the appeal has been withdrawn or the case has been remanded back to district court; and a new sentencing hearing has not been held pursuant to G.S. 20-38.7.  Each prior conviction is a separate grossly aggravating factor. The term conviction is defined in G.S. 20-4.01(4a) to include, among other adjudications, a “final conviction of a criminal offense, including a no contest plea.” Given that a defendant subject to sentencing under G.S. 20-179 may [...]