Beginning January 1, 2015, any period of confinement for any misdemeanor level of DWI, regardless of the sentence length, shall be spent in a local jail, rather than prison (the Department of Adult Corrections). “Local jail” is a rather lose term, as the commitment is actually to the Statewide Misdemeanant Confinement Program (SMCP), meaning they could be sent to any jail in the State identified as having room if the entence is 91 days or more.
This does not apply to non-continuous sentences.
All “special probation” sentences, i.
e., “split sentences,” must be served at the local (actual local) facility and not the DAC. See the amended N.C.G.S. 15A-1351(a).
- Continuing Legal Education Instructor of the Year, North Carolina Bar Association
- Former President, Greensboro Criminal Defense Lawyers Association
- Board Member, Criminal Justice Section, North Carolina Bar Association
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Garrett, Walker, Aycoth & Olson, Attorneys at Law
317 South Greene St, Greensboro, NC 27401
(336) 379-0539
This article explains North Carolina law in general terms. It is not legal advice about your case, and laws, penalties and court procedures change. Contact an attorney about your specific situation.