DUI & DWI in North Carolina

Driving under influence (DUI) or driving while intoxicated/impaired (DWI) is an offense committed when a driver operates a vehicle after the consumption of alcohol, drugs or other intoxicants. The increased alcohol level in a driver’s blood decreases mental and motor skills. This reduces a driver’s ability to control the vehicle and increases driver errors of judgment and often results in accidents causing severe injuries and even death!

Drunk driving is the single largest cause of motor vehicle related fatalities. It accounts for a high of 38% to 52% of the total number of motor vehicle related deaths each year.

In North Carolina, the Blood Alcohol Content (BAC) limit is set at:

0.08%  – for drivers over 21 years of age

0.04%  – for drivers with prior DWI

0.04%  – for commercial drivers (CDL)

0.00%  – for drivers under 21 years of age

Having a license in the state of North Carolina automatically renders “implied consent”. “Implied consent” can be used by the officer to test your BAC level if you are stopped on the suspicion of drunk driving, either through a Breathalyzer test or by an actual blood test. Refusing to take the chemical test will result in your license being revoked for 1 year. If you are convicted of DUI/DWI, it is recommended that you get in touch with a DUI/DWI lawyer as they are experts at handling such incidents and can offer you the best advice.

Insurance companies keep a close watch on DUI violations. Your insurance premiums may go up drastically, and you may be labeled a “high-risk” customer. Even worse, your insurance company may cancel your policy, leaving you to search for insurance with the “high-risk” driver tag, meaning you’ll have to pay much higher premiums.

If convicted of a DUI/ DWI the ramifications include: Heavy Fines, Points on your drivers license, and a License Suspension or Revocation, and higher Insurance Premiums! Points are assessed based on the severity of the offense and the number of convictions. All this information can be found on our website. You could also contact an STA Advisor absolutely FREE!!!

If you are over 21 years old:

NC DWI penalties are based on your “level,” and your judge uses mitigating factors to determine your level. Factors include your BAC, prescription medications, your current driving record, and other aspects of your DWI situation and overall driving history.

Level 5:

• Immediate license suspension for 30 days, with the possibility of limited driving privileges after 10 days.
• Up to a $200 fine.
• Between 24 hours and 60 days in jail. (Your judge might suspend your sentence to 24 hours of imprisonment or 24 hours of community service as part of probation.)
• Substance abuse assessment, if you’re placed on probation.

Level 4:

• Immediate license suspension for 30 days, with the possibility of limited driving privileges after 10 days.
• Up to a $500
• Between 48 hours and 120 days in jail. (Your judge might suspend your sentence to 48 hours of imprisonment or 48 hours of community service as part of probation.)
• Substance abuse assessment, if you’re placed on probation.

Level 3:

• Immediate license suspension for 30 days, with the possibility of limited driving privileges after 10 days.
• Up to a $1,000
• Between 72 hours and 6 months in jail. (Your judge might suspend your sentence to 72 hours of imprisonment or 72 hours of community service as part of probation.)
• Substance abuse assessment, if you’re placed on probation.

Level 2:

• Immediate license suspension for 30 days, with the possibility of limited driving privileges after 10 days.
• Up to a $2,000
• Between 7 days and 12 months in jail. (Your judge might suspend your sentence to 90 days of abstaining from alcohol, which the court will monitor.)
• Substance abuse assessment, if you’re placed on probation.

Level 1:

• Immediate license suspension for 30 days, with the possibility of limited driving privileges after 10 days.
• Up to a $4,000
• Between 30 days and 24 months in jail. (Your judge might give you 10 days under probation cases involving alcohol monitoring for 120 days.)
• Substance abuse assessment, if you’re placed on probation.

Aggravated Level 1

• Immediate license suspension for 30 days, with the possibility of limited driving privileges after 10 days.
• Up to a $10,000
• Between 12 months and 36 months in jail. (Your judge might give you 120 days under probation cases involving alcohol monitoring for a minimum of 120 days.)
• Monitored abstaining from alcohol for 4 months after prison release.
• Substance abuse assessment.

1st Offense

• Imprisonment for up to 24 months and/or up to a $2,000 fine.
• Your license will be revoked for 1 year.
• Minimum fine of a $100.
• At least 1 day of imprisonment.
• Community service of at least 24 hours.
• You be eligible to drive using the Limited Driving Privilege after 30 days.
• You may have to be imprisoned for 1 day with 24 hours of community service as well as 1 month without Limited Driving Privilege.

2nd Offense (in 3 years)

• Imprisonment for up to 1 year and/or up to a maximum $2,000 fine.
• Your license will be revoked for 4 years.
• Minimum fine of a $1,000.
• At least 1 week of imprisonment.
• You shall not be eligible to drive using the Limited Driving Privilege for 30 days if the 2nd offense occurs within 7 years of first conviction.

3rd Offense (within 5 years)

• Imprisonment for up to 2 years and/or up to a $2,000 fine.
• Your license will be permanently revoked.
• At least 2 weeks of imprisonment.

4th Offense

• Imprisonment for up to 3 years and a fine.
• Your license will be permanently revoked.
• This conviction shall be a Grievous Felony if the 3 prior convictions had occurred within the past 5 years.
• Your vehicle can be seized and also sold if you are convicted of DWI while your license had already been revoked on a previous DWI.

• Your license shall be revoked for 1 full year if you are less than 21 years of age and driving under any influence of drug or alcohol.
• The license may be revoked for 1 year for purchasing or trying to purchase any kind of alcoholic beverages.
• The license may be revoked for 1 year for purchasing or trying to help anyone purchase any kind of alcoholic beverages.
• The license may be revoked for 1 year for any person who allows their license to be used in order to purchase any kind of alcoholic beverage or if the person under 21 years of age uses a false identification for any such transaction.
• Apart from these actions, penalties mentioned above for drivers over 21, may also apply to minors if they are convicted of DUI/ DWI.

NC requires an ignition interlock device (IID) for any driver convicted of DWI with a 0.15% BAC or higher OR a subsequent offense within 7 years.

The state provides a list of approved IID providers.

• In addition to driving under the influence of alcohol and drugs, NC DWI laws prohibit:
• Having an open container in the vehicle if the driver is or has been consuming alcohol.
• Having an open or closed container in the passenger area of a commercial motor vehicle.
• Helping someone younger than 21 years old obtain alcohol. This includes buying or giving them alcohol, or lending an ID so they can buy alcohol.

• You will be barred from driving a commercial vehicle for a minimum of 1 month, if you are convicted for your BAC being higher than 0.04%.
• Penalties are enforced if you have open or closed alcoholic beverages in the passenger area of a commercial vehicle in any highway, public roadways or streets.
• Apart from these actions, penalties mentioned above for drivers over 21, may also apply to minors if they are convicted of DUI/ DWI.
• The Federal Motor Carrier Safety Administration (FMCSA) handles all regulations and penalties associated with commercial vehicle drivers throughout the country.
• Visit the FMCSA’s Disqualification of Drivers for specific information.

An officer may arrest a driver if:

• The driver is age 21 and over and is driving with BAC 0.08% or more.
• The driver is age 21 and under and is driving with BAC 0.00% or more.

The North Carolina enforcement agents set up roadblocks to keep a check and detect any case of DWI. It is mandatory not to use alcoholic beverages while driving any kind of vehicle on the motorway. It also prohibits any alcoholic beverages to be kept in passenger area of any vehicle in any public road as well as highways. Refusal to perform the test can lead to revocation of the license for a minimum of a month in addition to about a year revocation by the DMV. In cases where you refuse to perform a test, after 6 months, when the matter goes to court, the judge pay permit limited privileges for driving a vehicle. The driver, if charged with DWI, can face severe punishments based on the severity of the conviction. In fact, if you are convicted second time for DWI, you must be imprisoned for the same. The enforcement agent also helps you deal with any history of alcoholism and you may have to attend alcohol safety school for the same. The driver can schedule a hearing and consult a DUI/DWI Lawyer beforehand and seek advice on the offense.

If you are convicted of DWI, it will result in your license being suspended or revoked. This means that your driving privileges will be taken away and you will need to apply for a reinstatement of your license once the period of suspension or revocation is over. Reinstating a license after a suspension of a year, or revocation will also mean taking the driving tests all over again. These will include the vision test, knowledge test and the road test. If you do not complete the reinstatement requirements, the license will remain suspended or revoked.

The NC DMV and state court system work with the state’s Division of Mental Health, Developmental Disabilities and Substance Abuse Services to make sure DWI offenders receive substance abuse assessment and complete any required steps, such as education courses like the state’s Alcohol and Drug Education Traffic School (ADETS) or treatment programs.

Your judge, DWI attorney, and possibly the NC DMV will provide you with information specific to your situation, but you can get a head start with these facts:

• $100 fee for the DWI assessment.
• $160 fee for ADETS.
• Treatment program costs vary by provider, but they’re all at least a few hundred dollars.
• Some DWI offenders can skip treatment programs and enroll only in ADETS after their assessment. Your judge and substance abuse assessment coordinator will determine if you’re eligible, but requirements consist of first-time DWI convictions, submitting to the chemical test, and showing no criteria for being dependent on substances.
• You can’t have your license reinstated until you meet all the assessment, ADETS, and possible treatment program requirements.
• Visit the Division’s Driving While Impaired Services online for more information, including a thorough FAQ section and a local provider locator.
• There is an alcohol concentration restriction when your license is restored after it had been revoked for DWI, or when a Limited Driving Privilege was enforced following a DWI conviction.
• If you are being convicted for a second time and your breathalyzer shows 0.16% BAC, it is mandatory for the court to order an ignition interlock device to be placed for breathalyzer tests on any vehicle you drive.
• You need to pay $50 as a restoration fee in accordance with North Carolina law, to the DMV before a suspension; revocation or cancellation can be cleared. A $75 restoration fee is required when the revocation results from a DWI conviction. A service fee of $50 is also levied for restoration of revoked license if the license had been surrendered in courts before the date when the revocation comes in effect.
• You can submit the fee at:

NC Division of Motor Vehicles

Driver License

Mail Distribution Unit

3114 Mail Service Centre

Raleigh NC 27699-3148