North Carolina DWI Laws

Operating a vehicle under the influence of alcohol is illegal in every state, though the definition and accompanying penalties may vary slightly. In North Carolina, drunk driving is called “driving while impaired” (DWI). This is a serious crime that can result in many fines and penalties, depending on the gravity of the offense. DWI laws in North Carolina are constantly changing so it is best to consult an experienced Raleigh DWI attorney if you have any questions.

In 1983, North Carolina passed the Safe Road Act, which reformed all drug and alcohol laws and lumped everything into a single offense – the DWI. The following blood concentrations determine whether or not a police officer can charge you with DWI:

• Age 21 or older: 0.08
• Younger than 21: any blood alcohol concentration
• Commercial Drivers: 0.04
• Prior DWI conviction: 0.04

State law also requires that an officer take your mental and physical fitness into account – in other words, do you seem to be affected by drugs, alcohol, or both?

DWI is not the only drug-related crime in North Carolina – state law also prohibits having an open container in the vehicle if the driver has been drinking. Both open and closed containers are prohibited in commercial motor vehicles. Finally, helping a person under the age of 21 procure alcohol is against North Carolina law.

Penalties for DWI in North Carolina

Penalties for DWI vary based on the gravity of the offense, previous criminal history, and your age and license type. Typically, however, you may face penalties like:

• Monetary penalties.
• Jail time. In some cases, jail time is mandatory.
• Community service.
• Revocation or suspension of driver’s license.
• Higher car insurance premiums or refusal to insure.

The North Carolina Department of Transportation may also dispense consequences in addition to court or criminal penalties. These are called “administrative penalties.”

For example, an administrative penalty may involve a license suspension of one year for your first offense, and four years for your second.

Criminal Penalties for DWI

Criminal penalties for DWI depend on a number of factors. For example, an individual under the age of 21 who commits an alcohol-related crime will lose their license for up to 1 year and 30 days. A judge may also add additional penalties such as community service and fines.

If you’re over the age of 21, your penalties will be calculated based on “levels,” which indicate the seriousness of the crime and other factors. Factors include your blood alcohol concentration, driving record, overall driving history, and more.

Level 5 offenses are the least serious, but involve immediate license suspension for 30 days, $200 in fines, and between 24 hours and 60 days in jail. A judge has the option of ordering a substance abuse session, as well.

Level 4 offenses involve license suspension of 30 days duration, up to $500 in fines, and between 48 hours and 120 days in jail.

Level 3 offenses carry a punishment of 30 days license suspension, up to $1000 in fines, and 72 hours to 6 months in jail.

Level 2 offenses can lead to license suspension for 30 days, up to $2000 in fines, and 7 days to 12 months in jail.

Level 1 offenses cause license suspension for 30 days, $4000 in fines, and between 30 days and 2 years in jail.

Lastly, aggravated level 1 offenses are the most serious DWIs. They involve license suspension of 30 days, up to $10,000 in fines, between 12 and 36 months in jail, and continued monitoring for abstinence for a period of 12 months following your prison release.

DWIs are crimes that can carry stiff criminal and administrative penalties. If you are facing DWI charges in North Carolina, contact a Raleigh criminal lawyer to discuss your legal options.