"Laura's Law" Increases DWI Penalties in North Carolina
In June 2011, the North Carolina legislature passed a bill called "Laura's Law," named for a seventeen year-old girl who died in a car accident involving a drunk driver. The new law institutes stiffer penalties for those with multiple convictions for driving while intoxicated. The law went into effect on December 1, 2011 and drivers in North Carolina need to be aware of the changes to the law.
North Carolina DWI Punishments
North Carolina uses a variety of factors to determine the punishment for a person convicted of DWI. The law establishes aggravating factors and grossly aggravating factors that increase a person's punishment and mitigating factors which can decrease a person's punishment. Before Laura's Law, there were five different levels of punishment for DWI and the number of aggravating and mitigating factors determines what level of punishment a person received for a DWI conviction.
Increased Penalties for Grossly Aggravating Factors
Laura's Law creates a new level of punishment, Aggravated Level One, for those with three or more grossly aggravating factors. Grossly aggravating factors are:
- Having a prior DWI conviction within 7 years
- Committing DWI while license is suspended for a previous DWI
- Inflicting serious injury to another while DWI
- Having a child under 16 in the vehicle while DWI
Previously, a person with three or more grossly aggravating factors would receive the same punishment as a person with two grossly aggravating factors - Level One, which resulted in jail time from 30 days to two years, a fine of up to $4,000, driver's license revocation and an order to wear an alcohol monitoring anklet for 60 days.
If a person receives an Aggravated Level One sentence under the provisions of the new law, he or she faces a prison sentence between 12 and 36 months and up to a $10,000 fine. Even if the court chooses to suspend part of the person's prison sentence, he or she must serve at least four months in custody. The court has less discretion in suspending sentences under Laura's Law, as well.
Additionally, if the court imposes probation on the defendant, the court must order one of the conditions of probation to be abstaining from alcohol for at least 120 days, and possibly for as long as the probation period. Defendants will have to wear alcohol monitoring anklets to ensure compliance with this term of probation.
DWI More Expensive
Laura's Law will affect everyone convicted of DWI in North Carolina to some extent. The law forbids judges from waiving certain costs, which they had been able to do in the past. The law also imposes a new $100 fee on everyone convicted of DWI after December 1, 2011.
Consult an Attorney
Laura's Law shows how seriously North Carolina authorities are about punishing those convicted of DWI. If you are facing DWI charges, contact an experienced DWI defense attorney who can help protect your rights.
