August 26, 1993
TO: JOE PARKER, DIRECTOR GOVERNOR’S HIGHWAY SAFETY PROGRAM
FROM: ISAAC T. AVERY, III SPECIAL DEPUTY ATTORNEY GENERAL
RE: ADVISORY OPINION: SECOND OFFENSE DWI; MANDATORY PUNISHMENT 48 CONSECUTIVE HOURS
The question you pose is whether a defendant convicted of a second offense of driving while impaired (DWI), in violation of N.C.G.S. 20-138.1, within five years is required to serve at least 48 consecutive hours of jail. The answer is yes.
A person convicted of DWI who has a prior conviction of DWI within seven years is punished at Level Two punishment. N.C.G.S. 20-179(c). Level Two punishment mandates not less that seven days in jail, either as part of an active prison term or as a special condition of probation. N.C.G.S. 20-179(h). A minimum term of imprisonment is not subject to good time, gain time or parole.
N.C.G.S. 20-179(p).
The seven days in jail must be ordered to be served as either seven consecutive days or on weekends. If imprisonment is ordered served to be served on weekends, the seven days need not be served in consecutive sequence. N.C.G.S. 20-179(s). Terms in a statute are to be given their ordinary meaning unless the Legislature has indicated another meaning is intended. Abernethy v. Board of Comm’rs, 169 N.C. 631, 86 S.E. 577 (1915). The intent of the Legislature is for at least 48 consecutive hours is to be served of the mandated seven-day jail term.