Can I Avoid Jail Time for My Second DWI Conviciton That Occurs Within 7 Years From My Last DWI Conviction?

Short answer, yes.

Pursuant to N.C.G.S. § 20-179(h) the term of imprisonment may be suspended only if a condition of special probation is imposed to require the defendant to abstain from consuming alcohol for at least 90 consecutive days, as verified by a continuous alcohol monitoring system, of a type approved by the Division of Community Supervision and Reentry of the Department of Adult Correction. If the defendant is subject to Level Two punishment, the conviction for a prior offense involving impaired driving occurred within five years before the date of the offense for which the defendant is being sentenced and the judge suspends all active terms of imprisonment and imposes abstention from alcohol as verified by a continuous alcohol monitory system, then the judge must also impose as an additional condition of special probation that the defendant must complete 240 hours of community service. AN IMPORTANT NOTE: for front-loaded mitigation, if the defendant is monitored by an approved continuous alcohol monitoring system during the pretrial period, up to 60 days of pretrial monitoring may be credited against the 90-day monitoring requirement for probation.