DWI Active Sentences
While there was a prior debate, now there is simplification regarding where people serve an active sentence. Rather, starting on January 1, 2015, DWI active sentences are served in jail. Consequently, this change simplifies the former confusing laws. Now, a person who is sentenced to a second or subsequent DWI serves jail time if the sentence is 90 days or less. However, a judge determines prison or jail when the sentence is between 90 and 180 days. Furthermore, the person goes to state prison if the term is 181 days or more. Finally, for first offenses, the time is served in a local confinement facility (jail).
Special Probation Rules
Here, there is even more confusion. For example, if special probation time is non-continuous, it is served in jail. Hence if the judge orders weekend time, it is served in jail. However, if special probation is continuous, the judge has discretion to choose jail or prison. Rather confusing to say the least. But here is the good news. Now, the new rule changes everything, and all DWI active sentences go to jail. One last issue. As part of the State Misdemeanant Confinement Program, persons may serve in a different county than where convicted. Oh well, you cannot get everything you want in life. Or law apparently. However, with this new certainty, at least families can prepare. In addition, persons facing incarceration now know where they will be. And finally, jail is just less frightening than prison.
Monroe DWI Attorneys Robert J. Reeves P.C.
While we practice primarily in Charlotte, we also serve Monroe clients. Anthony Wayne of our firm lives and raises his family in Union County. As a result, he is part of the community and wants to help. Consequently, we proudly protect those charged with DWI and hold the State of North Carolina accountable. After all, this is our pledge to you. And we will keep our promise to do everything we can on your behalf. So call Anthony today and let’s start your defense. Call 704-960-9097 or email anthony@rjrlaw.com.