The North Carolina House of Representatives recently proposed a bill adding harsh penalties for certain repeat drunk drivers. The bill is named "Laura's Law" in honor of a teenager killed by a repeat drunk driver in 2010. The North Carolina House unanimously approved the bill on March 14th. The bill is currently in state Senate committee, where it is expected to pass.
The laws would toughen penalties for drivers under the influence and who have "aggravating factors." These factors include previous DWIs, serious injuries to another driver or pedestrian, and driving under the influence with a child in the car.
If a driver has three aggravating factors, he or she will be sentenced under an "aggravated level one" category. This would be the strictest punishment level, greater than any of the state's 5 current categories. The penalties for aggravating level one convictions include:
- Increased jail time, with sentencing anywhere from 4 months to 3 years
- Court fines up to $10,000
- Home monitoring for at least 30 days to make sure the offender abstains from alcohol
Aggravated level one convictions would also place a restriction on parole, meaning that every offender would have to carry out the full sentence.
Questions Remain Regarding Who Merits Aggravated Level One Sentencing
An unknown factor to the proposed new law is whether aggravating factors can occur simultaneously. For example, if a driver under the influence seriously injures another driver while his or her two children are in the car, that could conceivably count as three aggravating factors. In such a case, a person with no previous DWIs could get four years in jail and a $10,000 fine.
If the state Senate approves the bill as is, the question will likely have to be resolved by North Carolina's court system.
If you have been charged with a DWI, contact an experienced criminal defense attorney who can explain your rights.
