Drunk driving accidents are frighteningly common in the United States, and the National Highway Traffic Safety Administration reports that approximately 30% of all traffic fatalities involve drunk drivers. Driving while impaired by alcohol or other drugs reduces the body’s natural functions that allow individuals to drive safely and make wise decisions, which can often lead to a drunk driving accident. Drunk driving accidents may involve various fines, license suspensions, and even jail time. However, North Carolina’s legal policy for determining sentences for DWIs may be confusing.
While many states use a system of repeat offenses to determine the severity of punishments for drunk driving accidents, North Carolina uses a unique system based on certain factors present in the accident itself. The details of the accidents and certain aggravating factors may change the sentencing for a DWI in North Carolina. These guidelines may be different from drunk driving accidents in Tennessee or South Carolina, which can lead to some confusion. A skilled North Carolina drunk driving accident attorney from King Law Offices can help with a DWI case in North Carolina. Call the office at (888) 748-5464 today for information on an initial consultation with an attorney.
How Are DWI Sentences Determined in North Carolina?
While many other states determine DWI or DUI sentences by the number of offenses, or as an aggravated DWI in special circumstances in which the drunk driving incident is particularly severe, North Carolina operates differently. North Carolina has five levels of DWI, which are determined by the presence of certain factors in the accident itself. Aggravating and grossly aggravating factors may increase the severity of the sentence, but mitigating factors can reduce the sentence. Understanding how these factors interact may help clarify the outcome of a DWI case.
Grossly Aggravating Factors
Certain factors or details of a DWI are considered grossly aggravating factors, which could drastically increase the severity of a DWI sentence. North Carolina Gen. Stat. § 20-179 lists four grossly aggravating factors that can impact a DWI in North Carolina. Having a prior DWI conviction is a grossly aggravating factor, and each prior conviction within seven years before the accident is considered individually. Driving on a revoked license is also a factor, as well as whether the drunk driver caused serious injury to another individual. Lastly, drunk driving with a child, an individual with the mental development of a child, or a disabled individual who could not exit the vehicle unaided are all grossly aggravating factors.
Aggravating Factors
Aggravating factors are not as serious as grossly aggravating factors, but they are also considered when determining the level of offense for a drunk driving accident. Aggravating factors include severe intoxication or a blood alcohol concentration of 0.15 or more, speeding 30 mph over the posted limits, exceptionally reckless driving, a drunk driving accident, two previous traffic convictions unrelated to alcohol consumption, evading apprehension, passing a stopped school bus, or any other factor that aggravates the severity of the offense.
Mitigating Factors
However, these are not the only factors the court considers in a drunk driving accident, as there are also mitigating factors. Mitigating factors can work in favor of the defendant and may help to reduce their sentence according to the degree of mitigation determined by the court. Mitigating factors include slight alcohol impairment that did not exceed a BAC of 0.09, slight impairment without a chemical analysis, safe and lawful driving despite impairment, a safe driving record, impairment caused by a legal medical drug, and voluntary submission to mental health and substance abuse assessments.
For more information on the legal consequences of a drunk driving accident, contact an experienced North Carolina drunk driving attorney from King Law Offices today.
Common Damages in Drunk Driving Accidents
Drunk driving accidents often lead to significant damages for both the drunk driver and the driver who was hit. Oftentimes, a drunk driving accident will involve other traffic violations, such as speeding, which could lead to more serious damages. Additionally, actions taken after a car accident in North Carolina may impact the future of a case. Understanding what damages are recoverable in a drunk driving accident may influence how a case is handled and could impact the final outcome for both the plaintiff and defendant.
Injuries and Damages
The primary type of damages encountered in a drunk driving accident is economic damages. Economic damages are losses incurred from an accident that are either financial or can be monetarily calculated. This means that costs of car repairs, lost wages, and other financial expenses are all considered economic damages and may be recoverable in a drunk driving accident. Additionally, medical damages such as injuries, surgery costs, and ambulance rides are also counted in this category. These often make up the bulk of a defendant’s compensation case.
Non-Economic Damages
However, depending on the severity of the injuries and their lasting consequences, injured parties may suffer harm that is not financial in nature. This may include pain, suffering, or loss of quality of life. These are considered non-economic damages and may be recoverable in a drunk driving accident case. However, non-economic damages are more difficult to calculate and argue for in court. Generally, non-economic damages are a large factor when injuries have permanent negative side effects such as loss of function, permanent scarring, or other irreversible effects.
Punitive Damages
Another much rarer form of damages is punitive damages. This form of compensation is generally only provided in rare circumstances, as punitive damages could easily be abused as a legal right without significant protections. Compensation for punitive damages involves paying a greater sum than was lost by the plaintiff due to the severity of the defendant’s actions. As such, North Carolina Gen. Stat. § 1D-15 limits the awarding of punitive damages to events of fraud, malice, or wanton and willful negligence. While fraud and malice are rarely involved in a drunk driving accident, willful and wanton negligence may be. A North Carolina drunk driving accident attorney may be able to clarify whether punitive damages are viable for a given drunk driving case.
Speak with a North Carolina Drunk Driving Accident Lawyer
Drunk driving accidents can have severe consequences for both plaintiffs and defendants. Plaintiffs may suffer injuries and property damage due to a drunk driving accident, and defendants may face hefty fines, license suspensions, and even time in prison. Drunk driving accidents happen all across Tennessee, South Carolina, and North Carolina, and the consequences can be significant in each state. Understanding how a drunk driving case works and the unique legal challenges in North Carolina may be a great benefit to anyone involved in a drunk driving accident. Schedule a consultation with a seasoned North Carolina DWI attorney from King Law offices today by calling (888) 748-5464 for more details.
