An Aggravated Level One punishment potentially carries a greater active sentence than a Habitual Driving While Impaired sentence. The judicial system is just coming to terms with the nuances of the complex statute; we are finally getting answers about how the punishments authorized are applied in the real world.
Defendants sentenced as a Level A1 offender are not eligible for parole. “Good time” credit, available for other levels of impaired driving sentencing, is not applied to A1 sentences. Good time credit is rewarded at the rate of one day per every day of good behavior, effectively capable of cutting a sentence in half, so this is a significant difference that must be communicated to clients and defendants.
Instead of parole, they are released four months early, in line with the new structured sentencing guidelines for felonies.
An A-1 sentence can receive credit for inpatient treatment (available for any DWI under N.C.G.S. 20-179(k)). Also, as with any level DWI, the time may be served on weekends (N.C.G.S. 20-179(s).
If you are charged with a DWI, contact our Greensboro DUI Lawyers at Garrett, Walker and Aycoth.