On June 23, 2011, Gov. Bev Perdue signed a bill called "Laura's Law," named in honor of Laura Fortenberry, a 17 year old girl in North Carolina, who died after a drunk driver with two prior DWI convictions collided with the car in which she was a passenger. Fortenberry's death prompted North Carolina legislators to draft legislation increasing the penalties for repeat offenders. The new law goes into effect December 1, 2011 and provides for longer jail sentences, higher fines and more intense alcohol monitoring.
Current DWI Law in North Carolina
When the court sentences a person after a DWI conviction in North Carolina, the court assesses mitigating factors, aggravating factors and "grossly aggravating factors" to determine the appropriate punishment. Grossly aggravating factors include:
- A prior DWI conviction within the last seven years
- Driving while impaired with a suspended driver's license
- Having a passenger under 16 years old in the car during the offence
- Serious injury to another during the offence
Aggravating factors are:
- BAC of .16 or higher
- Fleeing arrest
- Speeding 30 miles or more over the limit
- Prior DWI conviction
- Driving with a revoked license during the offence
- Reckless driving
- Passing a school bus illegally
If a defendant has two or more grossly aggravating factors, or four aggravating factors, he or she will face a Level One sentence - the most severe punishment - which is a 30 day to 24 month prison sentence and a fine of up to $4,000. If the defendant has one grossly aggravating factor, he or she will receive a Level Two sentence of a seven day to one year jail term and a fine of up to $2,000.
How Laura's Law Changes Penalties
The new law creates a new category of sentencing, Aggravated Level One, for those with three or more aggravating factors. The punishment for an Aggravated Level One DWI is a 12 to 36 month prison sentence and a fine of up to $10,000. The defendant would be eligible for release from custody four months before the end of his or her sentence but would have to wear an alcohol monitoring to ensure that he or she does not consume alcohol. Even if a judge chooses to suspend part of the jail sentence, the defendant must serve at least 120 days in custody.
The bill also provides for permanent license revocation for those sentenced under Aggravated level One, but the defendant can apply for a conditional license restoration after three years if he or she installs an ignition interlock system on his or her vehicle for seven years.
Laura's Law increases court costs for all DWI convictions by $100 to help defray the cost of housing the higher number of prisoners who will be in jail because of the new stiffer penalties.
By passing Laura's Law, lawmakers are indicating they are cracking down on those arrested on DWI charges, making the potential punishment after a conviction harsh. If you are facing DWI charges, do not hesitate to contact an experienced criminal defense attorney who can discuss your situation with you and advise you on your options.
