North Carolina DWI Laws & Drunk Driving Penalties
Overview of the penalties upon conviction of DWI in North Carolina
North Carolina DWI Laws, BAC limits, fines, jail times, IID requirements, suspension/revocation periods and SR22 insurance requirements for first time and repeat offenders with multiple DUI's.
If you've been charged with DWI in North Carolina, the law allows only 10 days for a North Carolina DWI Lawyer to make a request with the North Carolina DMV (Department of Motor Vehicles) for a hearing to help save your drivers license.
What are the penalties for DWI in North Carolina?
The penalties for driving while intoxicated in North Carolina will depend upon the exact circumstances of each particular case and the number of previous offenses (if any) a person has.
NC DWI Penalties
North Carolina is a state with a 10 year 'washout period' also known as a 'look back period'
NOTE: BAC Restrictions for DWI offenders
An alcohol concentration restriction will be required when a license is restored following a revocation for DWI or when a limited driving privilege is issued following a DWI conviction. On the first restoration, the alcohol concentration restriction will be 0.04. On a second or subsequent restoration, the alcohol concentration restriction will be 0.00.
1st DWI Offense / Conviction - Misdemeanor
The penalty upon conviction of a first DWI offense in North Carolina:
- License Revocation: 1 year drivers license revocation
- Ignition Interlock: if BAC 0.15 or more then ignition interlock restriction will be required for a period of 1 year upon license restoration
- NC SR22 Insurance (proof of financial responsibility) Requirement
2nd DWI Offense / Conviction - Misdemeanor
The penalty upon conviction of a second DWI offense in North Carolina:
- License Revocation: 1 to 4 years drivers license revocation
- Ignition Interlock: 3 year ignition interlock restriction upon license restoration following a 4 year revocation
- NC SR22 Insurance (proof of financial responsibility) Requirement
3rd DWI Offense / Conviction - Felony
The penalty upon conviction of a third DWI offense in North Carolina:
- Jail: not less than 12 months imprisonment
- License Revocation: permanent driver license revocation
- Ignition Interlock: 7 year ignition interlock restriction upon license restoration (if restoration eventually allowed)
- possible forfeiture of vehicle
- NC SR22 Insurance (proof of financial responsibility) Requirement
Implied Consent (Chemical Testing) Laws
It is an offense to refuse to submit to a chemical test in North Carolina and implied consent laws are enforced.
In North Carolina, if the accused refuses to take a chemical test of their blood, breath or urine, their drivers license will be suspended/revoked.
Chemical Test Refusal
- License Revocation: 1 year license revocation
The fact a person refused to submit to a chemical test will be admissible in evidence in a court of law at any subsequent trial for DWI and will be used to help secure a DWI conviction.
What is the legal alcohol limit in North Carolina
The maximum legal BAC (blood alcohol content) limits in North Carolina for driving are as follows:
ADULT DRIVERS - BAC LIMIT = 0.08%
In the State of North Carolina it is an offense for adult drivers to drive any regular motor vehicle with 0.08% or more, by weight, of alcohol in his/her blood.
DRIVERS UNDER 21 - BAC LIMIT = 0.00% - ZERO TOLERANCE
In the State of North Carolina it is an offense for drivers under the age of 21 (minors) to drive any motor vehicle with 0.00% or more, by weight, of alcohol in his/her blood.
COMMERCIAL DRIVERS - BAC LIMIT = 0.04%
In the State of North Carolina it is an offense for drivers who drive commercial vehicles to drive any commercial motor vehicle with 0.04% or more, by weight, of alcohol in his/her blood.
It is an offense to refuse to submit to a chemical test in North Carolina and implied consent laws are enforced.
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