NC DWI Sentencing Reform

North Carolina does not have a lesser charge for DWI and the current prosecutorial philosophy rarely allows for dismissals unless there were clear violations of protocols, so I came up with a hypothetical way for their to be a deferred prosecution agreement where most of the penalties still get assessed but the defendant can avoid the criminal record itself. Probably not practical, but just something I thought I would put out there:

DWI Level 6 - Deferred Prosecution Agreement Eligibility: No grossly aggravating factors Requirements: - 24 hours community service - DWI Assessment/SA classes - Ignition Interlock or CAMS for 3 months - MADD seminar - Mental health assessment by physician - No additional infractions during probationary period

Process: - Defendant pleads guilty and requests delayed sentencing 4 months out - Defendant completes requirements prior to next court date - Aggravating vs mitigating factors presented - Defendant requests Level 6 - Level 6 granted, defendant pays $50.00 fine plus cost of court, entered as dismissal, defendant retains drivers license

For information on current NC sentencing (structured into levels 1A - 5 with 1A being the most severe and 5 being the least severe), take a look at https://www.ncleg.gov/EnactedLegislation/Statutes/PDF/BySection/Chapter_20/GS_20-179.pdf