I live in Nc which has a slider for different charges. I blew a .18 and from looking at the aggravating factors that seems to be the only biggie. How likely is it I will get anything over a tier 4 for this? I have been attending substance abuse counciling and AA prescribed by my counciller. Also in mitigating factors should i volunteer for the continous alcohol monitor or no?
Do you have an attorney assisting you? You will benefit from having one.
Here is a link to the sentencing guidelines and aggravating/mitigating factors that are considered:
http://www.ncleg.net/gascripts/statutes/statutelookup.pl?statute=20-179
Attending alcohol abuse counseling is a mitigating factor. If you have an otherwise clean driving record, or have had a clean driving record for 5 years or more, that is also a mitigating factor.
If you have more mitigating than aggravating factors, this weighs toward Level 4 or 5 sentencing. If there is an equal balance of mitigating and aggravating, you are probably looking at Level 3. More aggravating or no mitigating factors, you could be sentenced at Level 2 or 1.
I recommend you have an attorney.
Good luck.
