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What is the penalty for a level 5 n.c. DWI conviction.

Charlotte, NC |

What are the rules to go by on probation?

Attorney Answers 2

Posted

I see many questions on avvo in which people want to do what is going to happen to them because of such and such an offense or parole violation. In truth no one except your lawyer can even give you an approximate answer to that question because it depends on so many variables: your state’s laws and procedures, your criminal history if any, whether there are any sentencing enhancements, whether your state has diversion programs for your offense. These kinds of questions really require that you contact a local lawyer and even then they can only give you a range.

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Posted

The max penalty for a level 5 conviction is $200 fine and 60 days in jail. You are more likely to see a suspended sentence, unsupervised probation for a year, community service and substance abuse evaluation and classes. The standard conditions of probation are to stay out of trouble and don't drive until you get your limited privilege.

The judge can impose some additional conditions, like drug/alcohol testing or a specified number of weekend nights in jail. You are more likely to see these if the judge is hard-nosed, or if you are seen as a problem case.

You will also loose your license for a year and get both DMV and insurance points, but these are automatic.

A DUI conviction is serious - even a level 5 conviction. As the previous response said, your sentence will depend on the facts specific to your case. Don't put too much faith in what you read on a web site. If you have specific concerns or questions, your best course is to talk with a local lawyer.

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