(1) In this DWI case the trial court committed a Blakely error by finding an aggravating factor. The trial court found the aggravating factor, determined that it was counterbalanced by a mitigating factor and sentenced the defendant at Level Four. If the aggravating factor had not been considered the trial court would have been required to sentence the defendant to a Level Five punishment. Thus, the aggravating factor, which was improperly found by the judge, increased the penalty for the crime beyond the prescribed maximum. (2) The State failed to provide notice that it intended to seek aggravating factors as required by G.S. 20-179(a1)(1).