What are the penalties for a DUI/DWI in North Carolina?
The basic and “minimum” penalties are provided below. (Note North Carolina refers to the offense as a DWI.) However, North Carolina’s sentencing procedures for impaired drivers is complex (and explained below). There are five levels (with five being the least severe penalties) for each offense and each level has distinctive factors and standards.
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1st Offense |
2d offense |
3rd Offense |
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Minimum Jail |
24 hours (for level 5 offender) |
4 days jail |
14-30 days jail (up to two years) |
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Fines and Penalties |
$200 (for level 5 offendor) |
Ranges depending on level |
Ranges depending on level |
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License Suspension |
60 days to 1 year |
1 to 4 years (if previous DWI was within 3 years) |
1 year to permanent (if last previous was within 5 years) |
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IID* Required |
None required |
Required |
If license restored, required for 7 years |
Lookback Period: usually 7 years but may vary as shown (Period of time that prior DUIs are relevant for sentencing)
More Information: First Offense DUI in North Carolina
More Information: Second Offense DUI/DWI in North Carolina
More Information: Third Offense DUI/DWI in North Carolina
How much do you have to drink (BAC*) for a DUI/DWI in North Carolina?
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Under 21 |
Zero tolerance |
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21 or older |
.08 |
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Commercial |
.04 |
** BAC = blood alcohol content
How many drinks does it take? Check the BAC chart.
What if you refuse to take a chemical test in North Carolina?
North Carolina has an implied consent law. That means that if you refuse to submit to a chemical test you will be subject to a fine and automatic license suspension. Learn more about North Carolina’s implied consent law.
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1st Offense |
2d offense |
3rd Offense |
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Refusal to take test |
1 year license suspension |
No statutory provision |
No statutory provision |
Can you plead to a lesser offense than DWI/DUI?
In some circumstances, a plea bargain of "wet reckless" might be accepted by the prosecution in North Carolina. A "wet reckless," or a conviction of reckless driving involving alcohol, is usually made as a result of a plea bargain in which a charge of drunk driving is reduced to a case of reckless driving. A plea bargain of wet reckless might occur when the amount of alcohol is borderline illegal, there was no accident, and the defendant has no prior record. But if there is a subsequent drunk driving conviction, the "wet reckless" is usually considered a prior drunk driving conviction; the resulting sentence can be what's required for a second DUI/DWI conviction. If you are interested in trying to make a plea for a wet reckless, you'll need the help of a lawyer.
What is an SSR-22? An SR-22 is a form filed by your insurance company demonstrating that you meet certain insurance requirements. Only an insurance company can furnish the SR-22. Often the SR-22 need only meet your state’s minimum liability standards. In some cases, however, certain individuals may be subject to insurance coverage requirements that have higher limits and different coverage.
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Disclaimer: We try to keep the information provided here up to date. However, laws often change, as do their interpretation and application. Different jurisdictions within a state may enforce the laws in different ways. For that reason, we recommended that you seek the advice of a local attorney familiar with DUI cases in your area. |
- Class “F” Felony Habitual Impaired Driving (If Other Offenses Within 10 Years)
- Imprisonment – 12 Months Minimum
- License Suspension – Permanent Revocation if 3 Previous Were Within Last 7 Years
- Ignition Interlock Device – Required for 7 Years if Restoration is Allowed
- Substance Abuse Assessment / Treatment
North Carolina Punishment Levels and DWI Factors
When considering penalties for a DWI in North Carolina one must understand the "Factors" involved.
Grossly Aggravating Factors
The grossly aggravating factors of a DWI in North Carolina present the most serious of aggravating circumstances involved in a DWI as it relates to punishment. If a driver is found to have 2 (TWO) of these grossly aggravating factors when arrested for a DWI they can expect a "Level One Punishment". If a driver has 1(One) grossly aggravating factor they can expect a "Level Two Punishment"
These are the Grossly Aggravating Factors
- Prior DWI Conviction Within 7 Years
- DWI While License is Suspended for a Previous DWI
- Serious Injury to Another Person While DWI
- Child Under 16 in Vehicle While DWI
Level One Punishment
- Jail – From 30 Days to 24 Months
- Fine – Up to $4,000
Level Two Punishment
Level two punishment is applied to a North Carolina DWI conviction that has 1 (ONE) Grossly Aggravating Factor.
- Jail – 7 Days to 12 Months
- Fine – Up to $2,000
NC DWI Aggravating and Mitigating Factors
Aggravating and mitigating factors are the other two "Factors" involved in determining DWI punishment in North Carolina. Assuming there are no "Grossly Aggravating Factors" involved a judge is left to weigh the aggravating and mitigating factors to determine the fate of the convicted.
Aggravating Factors
- Blood Alcohol Level of .15 or Above
- Reckless Driving / Accident
- Driver License Revoked
- Prior Convictions for DWI
- Speeding While Attempting to Elude Officers
- Speeding 30 MPH Over the Legal Limit
- Passing A School Bus Illegally
Mitigating Factors
- Slight Impairment where test was unavailable
- Safe Driving Record
- Alcohol Concentration Did not Exceed .09
- Driving Lawfully (except for impairment) at time of Offense
- Impaired by Prescribed Dosage of Legal Medication
- Voluntary Submission to Mental Heath Facility for Assessment
More Legal Information
Back to the Punishment
Considering the aggravating and mitigating factors above the judge will apparently make a ruling on the DWI offender using the following outline:
- If aggravating factors substantially outnumber mitigating factors the judge may punish the convicted using Level 3 (Three) Punishment.
- If there are no aggravating or mitigating factors or the two factors are balanced the convicted may be sentenced to Level 4 (Four) Punishment.
- If the mitigating factors substantially outnumber aggravating factors then the convicted may receive Level 5 (Five) Punishment.
Remember that this is just an outline of what MAY happen. I have gathered this information from the North Carolina General Assembly Website and you may read the source document in the LEGISLATION section.
There is also an excellent paper published at University of North Carolina Website called DWI Sentencing In District Court . The bulk of the text for this documentation comes from these two sources.
Level Three Punishment
- Jail – 72 Hours or,
- Community Service – 72 Hours or,
- Any Combination of Above
- Fine – Up to $500
Level Four Punishment
- Jail – 48 Hours or,
- Community Service – 48 Hours or,
- Any Combination of Above
- Fine – Up to $500
Level Five Punishment
- Jail – 24 Hours or,
- Community Service – 24 Hours or,
- Any Combination of Above
- Fine – Up to $200
Drinking and Driving Laws in North Carolina
The State of North Carolina prohibits the operation of a motor vehicle by any driver with a .08 percent or above blood alcohol concentration (BAC). The .08 percent limit is the standard benchmark across the United States for the "impaired" driver. North Carolina has lower limits for drivers under the age of 21 and commercial drivers. Minors that are convicted for driving with any amount of drugs or alcohol in their system will have their drivers license suspended for one year.
How many drinks does it take to reach the legal limit in North Carolina?
It is difficult to estimate with any certainty how many drinks it takes
to reach the .08 percentage limit. There are calculators and charts
that can be used as a reference, however these tools do not always
consider some of the variables that contribute to a BAC score. There
have been studies that have shown that a persons BAC score could go up
as much as .05 percent for each drink consumed, but this isn't the case
with every driver.
The best answer is not to drink and drive . The State of North Carolina has strict laws for drunk driving, and when you drink and drive in North Carolina, you risk your freedom, finances and your future.
Drunk Driving Laws in North Carolina
State of North Carolina BAC Laws:
- All drivers with a BAC of .08 or higher.
- Under 21 - Zero Tolerance
- Commercial Vehicle Driver with a BAC of .04 or higher.
The Implied Consent Law in North Carolina
The implied consent law in North Carolina means that you agree to submit to a chemical test of your blood, breath or urine if an officer of the laws suspects that you are driving while intoxicated. If you refuse such a test your drivers license will be immediately suspended for 30 days followed by a hearing in which the court could suspend your drivers license for an additional 12 months.
More on Drunk Driving Laws, Penalties and Fines in North Carolina
