Level 3, 4 and 5 Punishment in Impaired Driving Cases

I wrote here about grossly aggravating factors (GAFs) and Level One and Two punishment in impaired driving cases sentenced under G.S. 20-179, leaving discussion of Level Three, Four, and Five punishment for another day. That day is upon us. If the judge or jury in the sentencing hearing determine that there are no GAFs, the judge must weigh all aggravating and mitigating factors. Aggravating factors, which must be proved beyond a reasonable doubt, and, in superior court, found by a jury, consist of the following: Gross impairment of the defendant’s faculties while driving or an alcohol concentration of 0.15 or more within a relevant time after the driving. Especially reckless or dangerous driving. Negligent driving that led to a reportable accident. Driving by the defendant while his driver’s license was revoked. Two or more prior convictions of a motor vehicle offense not involving impaired driving for which at least three points are assigned under G.S. 20-16 or for which the convicted person’s license is subject to revocation, if the convictions occurred within five years of the date of the offense for which the defendant is being sentenced, or one or more prior convictions of an offense involving impaired driving that occurred more than seven years before the date of the offense for which the defendant is being sentenced. Conviction under G.S. 20-141.5 of speeding to elude. Conviction under G.S. 20-141 of speeding by at least 30 miles per hour over the legal limit; Passing a stopped school bus in violation of [...]