Guilford County Judges Wrong About DWI Law

In Criminal, Traffic by GWAO

One interesting issue has emerged in Guilford County Criminal Courts, important for both Greensboro and High Point criminal defense attorneys, regarding DWI sentencing.  The catalyst of the issue is recent case law that created confusion among judges.  The issue relates to the idea that issuing a full sentence requires the defendant to be immediately remanded to jail. The confusion seems to have emerged from the wrongful belief that if a DWI A-1 sentence is imposed with the 120 day jail time, that the 120 sentence is not a split, but the full sentence. This is incorrect, as the 120 days minimum requirement is, technically, a split sentence, not requiring immediate incarceration. Judges, however, certainly have the right to order immediate incarceration at their discretion, no argument, the power and right is inherent in their judicial commission.  The attorneys at Garrett, Walker and Aycoth are impressed with our judges who recognized this confusion, and as always, remain on the cutting edge of the law.  Thank you to all of our District Court Judges for their hard work and legal knowledge!

Contact our Greensboro DWI Lawyers today if you or someone you know has questions regarding DUI’s in Greensboro, High Point or Asheboro.