Jail Time for DWIs

In Criminal, Traffic by GWAO

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.

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This does not apply to non-continuous sentences.

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All “special probation” sentences, i.

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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).