North Carolina DWI DUI Laws
The maximum prescribed legal BAC limit in North Carolina is 0.08% per se
(effective from Oct 1st 1993)
North Carolina Drunk Driving Laws (If you’ve been charged with North Carolina DWI, the law allows only 10 days for your North Carolina DUI DWI Lawyer to make a request with the North Carolina DMV (Department of Motor Vehicles) for a hearing to save your driving license)
North Carolina is a member of the Interstate Drivers License Compact
An agreement between participating states to share information regarding certain types of convictions including DUI - DWI and related Drunk Driving offenses. If a resident of one state gets convicted of a drunk driving offense in another state, the driver's home state will be notified. The type of action that the driver's home state will take will vary from state to state. |
North Carolina DWI Laws and BAC limits
ALL DRIVERS - BAC LIMIT = 0.08%
In the State of North Carolina it is crime for ANY driver to drive with a BAC (blood alcohol content - concentration) of 0.08% and above.
COMMERCIAL DRIVERS - BAC LIMIT = 0.04%
It is a crime for commercial vehicle operators to drive with a BAC (blood alcohol content - concentration) of 0.04% or above.
MINOR (under the age of 21) - BAC LIMIT = 0.00% - ZERO TOLERANCE
It is a crime for persons under 21 years of age to drive with a BAC (blood alcohol content - concentration) of 0.00% or above.
It is an offense to refuse to submit to a chemical test in North Carolina and implied consent laws are enforced.
!! CAUTION - Driving Ability Impaired !!
You can be prosecuted in North Carolina without driving while you are over the legal prescribed bac limit.
Under North Carolina law, it is unlawful to drive with a BAC limit above the per se laws OR to drive while impaired under the influence of alcohol and/or drugs.
Under this law the prosecution must show that the driver was IMPAIRED by alcohol and/or drugs. The level of impairment is usually based on observations and evidence of driving ability (or rather inability), physical appearance, field sobriety tests and any other relevant evidence which can help prove a persons driving ability was indeed impaired. Different amounts of alcohol can affect people in different ways, what may impair one persons driving ability and make them feel drunk, might not necessarily impair another persons driving ability.
Observations from a law enforcement officer that may lead to being stopped and arrested include:
- Making a turn too widely or narrowly
- Using two lanes, straddling the center line
- Almost hitting someone or something
- Weaving or drifting from one side of the road to another
- Driving too slowly and being overly cautious
- Driving too close to vehicle in front
- Driving ON the center lines
- Erratic braking
- Swerving to correct course of vehicle
You can be charged with an offence regardless of your BAC level, as long as impairment can be proved to the legal extent necessary.
A skilled drunk driving attorney can help you defend any charges against you |
North Carolina BAC Calculator
Top of page
Penalties for DWI - Drunk Driving in North Carolina
North Carolina is a state with a ten-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.
First DWI - Drunk Driving Conviction - MISDEMEANOR
The penalty for a first DWI - drunk driving conviction in North Carolina:
Fines, jail and other penalties depend on aggravating and mitigating circumstances
Second DWI - Drunk Driving Conviction - MISDEMEANOR
The penalty for a second DWI - drunk driving conviction in North Carolina:
Fines, jail and other penalties depend on aggravating and mitigating circumstances
Third DWI - Drunk Driving Conviction - Class F Felony
The penalty for a third DWI - drunk driving conviction in North Carolina:
Fines, jail and other penalties depend on aggravating and mitigating circumstances
Fourth DWI - Drunk Driving Conviction - Class F Felony
The penalty for a fourth DWI - drunk driving conviction in North Carolina:
Fines, jail and other penalties depend on aggravating and mitigating circumstances
SENTENCE DEPENDING ON AGGRAVATING AND MITIGATING FACTORS
FACTORS SURROUNDING A DWI CASE |
|
|
|
IF 2 or more grossly aggravating factors apply
a level 1 punishment will be imposed
IF 1 grossly aggravating factors apply
a level 2 punishment will be imposed
in all other cases
IF the aggravating factors substantially outweigh any mitigating factors then
a level 3 punishment will be imposed
IF the aggravating factors are counterbalanced by mitigating factors
a level 4 punishment will be imposed
IF mitigating factors substantially outweigh any aggravating factors
a level 5 punishment will be imposed
| LEVEL ONE PUNISHMENT |
- Fine: up to $4,000 fine
- Jail: 30 days to 24 months imprisonment
- substance abuse assessment and education or treatment as required
- possible continuous alcohol monitoring and abstinence for 30 to 60 days
|
| LEVEL TWO PUNISHMENT |
- Fine: up to $2,000 fine
- Jail: 7 days to 24 months imprisonment
- substance abuse assessment and education or treatment as required
- possible continuous alcohol monitoring and abstinence for 30 to 60 days
|
| LEVEL THREE PUNISHMENT |
- Fine: up to $1,000 fine
- Jail: 72 hours to 6 months imprisonment
- 72 hours of community service possible
- substance abuse assessment and education or treatment as required
|
| LEVEL FOUR PUNISHMENT |
- Fine: up to $500 fine
- Jail: 48 hours to 120 days imprisonment
- 48 hours of community service possible
- substance abuse assessment and education or treatment as required
|
| LEVEL FIVE PUNISHMENT |
- Fine: up to $200 fine
- Jail: 24 hours to 60 days imprisonment
- 24 hours of community service possible
- substance abuse assessment and education or treatment as required
|
Grossly Aggravating Factors surrounding DWI cases INCLUDE
The following will be classed as grossly aggravating factors:
- A prior conviction for an offense involving impaired driving if:
- the conviction occurred within 7 years of the offense for which the defendant is being sentenced
- the conviction occurs after the date of the offense for which the defendant is currently being sentence
Each prior DWI conviction is classed as a separate grossly aggravating factor
- A DWI offense committed while the defendants drivers license was currently revoked
- A DWI offense resulting in serious injury caused to another person as a result of the defendant's impaired driving
- A DWI offense committed while a child under the age of 16 years was in the vehicle
Aggravating Factors surrounding DWI cases INCLUDE
The following will be classed as aggravating factors:
- A high BAC (blood alcohol concentration) of 0.15 or more
- Reckless or dangerous driving
- Negligent driving that led to a reportable accident
- Driving while drivers license was revoked
- One or more prior DWI convictions that occurred more than 7 years before the date of the current offense
- Two or more convictions for a motor vehicle offense for which 3 points were assigned or license was subject to revocation
- Any other factors that aggravates the seriousness of the offense
Mitigating Factors surrounding DWI cases INCLUDE
The following will be classed as mitigating factors:
- A BAC (blood alcohol concentration) of 0.09 or less
- Safe and lawful driving at time of offense except for the impairment of the defendants faculties
- A safe driving record, no convictions within 5 years for any driving offense that results in 4 points being assigned or for which a revocation was imposed
- Impairment caused primarily by a lawfully prescribed drug for an existing medical condition
- Voluntary submission to a mental health facility for assessment after defendant was charged with the DWI offense
- Completion of a substance abuse assessment and maintaining 60 days of continuous abstinence from alcohol as proven by a monitoring system approved by the Department of Correction
- Any other factors that mitigate the seriousness of the offense
Top of page
Implied consent LAWS
It is an offense to refuse to submit to a chemical test in North Carolina and implied consent laws are enforced.
Penalties for refusing to submit to a chemical test in North Carolina
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.
Top of page
North Carolina SR22 insurance (High Risk auto Insurance)
Although SR22 insurance is not required in the state of North Carolina after an alcohol related driving conviction, it will save you money to shop around for auto insurance after a DWI DUI - drunk driving conviction regardless. Auto insurance can be very expensive if you go with the wrong provider. Get a FREE auto insurance quote and compare rates to find the best deal, simply enter your ZIP code above and you can be comparing prices for North Carolina auto insurance in a matter of minutes.
Minimum liability insurance requirements for private passenger vehicles in the state of North Carolina
The minimum mandatory liability insurance coverage required in the state of North Carolina for private passenger vehicles is (30/60/25). This equates to the following liability coverage:
- $30,000 bodily injury liability (BIL) per person
- $60,000 for two or more people in one accident
- $25,000 property damage liability (PDL) coverage
What is (BIL) Bodily Injury Liability insurance?
(BIL) Bodily Injury Liability insurance coverage will pay for serious and permanent injury or death to other people when a crash is caused by the insured. An auto insurance company will pay for injuries up to the limits specified in an insurance policy and will provide legal representation for the insured in the event someone tries to sue them.
What is (PDL) Property Damage Liability insurance?
(PDL) Property Damage Liability insurance coverage pays for damages an insured driver or members of an insured drivers family cause (and are liable for) to other people's property in a crash involving a motor vehicle. Top of page
FREE DUI / DWI Case evaluation & by local North Carolina Lawyer
 |
OR
|
Protect your rights! Talk to a local DUI lawyer
North Carolina DUI cases tend to move quickly through the system, and there may be important deadlines that affect your right to assert certain defenses or call witnesses. It’s important that you understand the process your North Carolina drunk driving case will follow and the important requirements and deadlines before you take any action—but you can’t afford to delay.
Talk to a local North Carolina Drunk Driving Attorney as soon as possible to gather important information such as:
• What penalties do you face if convicted of DUI in North Carolina?
• What are the indirect penalties, such as increased insurance rates and diminished job opportunities in North Carolina?
• Does North Carolina have a mandatory ignition interlock device law?
• Was your breathalyzer or blood alcohol content (BAC) test properly administered in accordance with North Carolina laws and procedures ?
• When and how can you get your driver’s license reinstated in North Carolina?
It’s easy to make mistakes under pressure, so make sure that you have the information you need to make good, educated decisions during this process. Contact a local North Carolina criminal defense attorney specializing in North Carolina drunk driving laws today. |
Top of page
Disclaimer: While every effort is made to keep all information up to date, the North Carolina drunk driving laws change frequently and the information provided on this web site should not be construed as legal advice, nor is it necessarily complete. Drinkdriving.org shall not be held responsible for any actions a person may take as a result of information gathered from this web site. Consultation with a local North Carolina DUI lawyer is recommended in all cases.
Useful North Carolina DWI Links:
DWI - Drunk Driving Laws in North Carolina
North Carolina Drivers Handbook
North Carolina SR22 Insurance Requirement
North Carolina DMV (Department of Motor Vehicles)
North Carolina Department of Transport
North Carolina Department of Insurance
North Carolina Court System
North Carolina DWI - DUI Lawyers
North Carolina DWI - DUI discussion forum
Top of page |
