DUI Laws in North Carolina

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North Carolina Drunk Driving Fines & Penalties

Determining DWI fines and penalties in North Carolina is not a simple process. There are many variables that determine what punishment a driver will receive if arrested and convicted of a DWI in North Carolina.

Therefore I will attempt to give the generic penalties for each instance of a DWI offense, and then, I will try to explain the more complex process of "Factors" and "Punishment Levels". Assume that my (or any other website) translation of these penalties are far from comprehensive and that the final decision in any DWI case will ultimately rest with the judgment of the court.

First NC DWI Offense

1st Drunk Driving Conviction

• License Suspension – 1 Year Mandatory
• Substance Abuse Assessment / Treatment

Second NC DWI Offense

2nd Drunk Driving Conviction

• License Suspension – 4 Years if Previous DWI was Within 3 Years
• Ignition Interlock Device – Required for Restoration
• Substance Abuse Assessment / Treatment

Third NC DWI Offense

3rd Drunk Driving Conviction

• Class “F” Felony Habitual Impaired Driving (If Other Offenses Within 10 Years)
• Imprisonment – 12 Months Minimum
• License Suspension – Permanent Revocation if Last Previous was Within 5 Years
• Ignition Interlock Device – Required for 7 Years if Restoration is Allowed
• Vehicle Forfeiture Possible
• Substance Abuse Assessment / Treatment

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Fourth NC DWI Offense

4th Drunk Driving Conviction

• 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

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

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