North Carolina DWI Laws and Penalties 2024 Explained

North Carolina takes a no-tolerance approach to prosecuting DWIs. A guilty plea or guilty verdict can lead to the loss of your driving privileges, heavy fines, and even jail or prison time, depending on the circumstances of your case. An attorney can help you understand North Carolina DWI laws and penalties, which we’ll overview below.

What Is a DWI in North Carolina?

A DWI in North Carolina refers to the crime of operating a vehicle while being impaired by alcohol, drugs, or a combination of substances. The legal BAC limit for drivers over 21 in North Carolina is 0.08%. For commercial drivers, the limit is 0.04%. Any detectable alcohol is prohibited for drivers under 21. It is also worth noting that drivers can be charged with a DWI  even when their BAC is under the allowable limit if the driver is appreciably impaired.

DWI charges in North Carolina are classified based on the level of impairment, prior convictions, and aggravating factors, such as having a child in the car at the time they were pulled over. The state also enforces an implied consent law, requiring drivers to submit to chemical testing if suspected of impairment. Refusing to take the test leads to an automatic license revocation, regardless of whether you are convicted of DWI.

Potential Penalties for a DWI

DWI penalties in North Carolina are severe, and the potential penalties vary depending on the circumstances of the offense. North Carolina categorizes DWI offenses into five levels, with Level V being the least severe and Aggravated Level I being the most serious.

  • Level V DWI: Up to $200 fine and 24 hours to 60 days in jail
  • Level IV DWI: Up to $500 fine and 48 hours to 120 days in jail
  • Level III DWI: Up to $1,000 fine and 72 hours to six months in jail
  • Level II DWI: Up to $2,000 fine and seven days to one year in jail
  • Level I DWI: Up to $4,000 fine and 30 days to two years in jail
  • Aggravated Level 1 DWI: Up to $10,000 fine and 1 to 3 years in jail

Aggravating factors, such as prior DWI convictions, driving with a child in the vehicle, or causing serious injury, can elevate the penalties. In addition to fines and jail time, judges can impose community service, probation, and mandatory alcohol education or treatment programs. Repeat offenders can face felony convictions under state law that come with harsh penalties that can include lengthy prison sentences and permanent loss of driving privileges.

Loss of Driving Privileges and Other Restrictions

One of the most immediate consequences of a DWI in North Carolina is the loss of driving privileges. After an arrest, your license may be revoked for 30 days. If you refuse chemical testing, you can face an automatic one-year revocation under the implied consent law.

Upon conviction, further restrictions apply:

  • License revocation: A first-time DWI conviction typically results in a one-year license suspension. Repeated offenders can face long suspensions or permanent revocation.
  • Limited driving privileges: In some cases, you may apply for a limited driving privilege, allowing you to drive for work, school, or medical appointments.
  • Ignition interlock device (IID): Drivers with a BAC of 0.15% or higher, or those with multiple convictions, must install an IID on their vehicle. This device requires a breath sample to start the car and periodically while driving.

Other court-ordered restrictions may include , alcohol treatment programs and community service.

FAQs

What Are the Punishments for DWI in North Carolina?

DWI punishments in North Carolina vary based on the severity of the offense. Penalties can include fines, jail time, mandatory alcohol education programs, community service, and license suspension. Aggravating factors, such as high blood alcohol content (BAC), causing injury, or prior DWI convictions, may result in harsher sentences, including longer jail terms and higher fines. Repeat offenses can lead to felony charges and permanent license revocation.

Will You Go to Jail for the First Time DWI in NC?

Jail time for a first-time DWI in North Carolina depends on the circumstances. If there are no aggravating factors, the court may impose community service, fines, and probation instead. However, if aggravating factors like high BAC or reckless driving are present, a judge may order jail time. Sentencing typically depends on the DWI level and case specifics.

Does a First DWI in NC Lead to a License Suspension?

Yes, a first-time DWI in North Carolina results in a license suspension for at least one year. However, you may be eligible for a limited driving privilege after a certain period, provided you meet specific conditions, such as completing alcohol education programs. The severity of the offense and aggravating factors may influence the length of the suspension and eligibility for restricted driving privileges.

What Is the Penalty for a Level 1 DWI in NC?

A Level 1 DWI in North Carolina is among the most severe DWI punishments. Penalties include fines up to $4,000, a jail sentence ranging from days to years, and mandatory alcohol treatment. Aggravating factors like driving with a minor passenger or a high BAC contribute to a Level 1 classification. Courts may also impose additional conditions, such as an ignition interlock device.

Schedule Your DWI  Consultation Today

Facing DWI  charges in North Carolina can be overwhelming, but having the right legal representation can make all the difference. At LAWSMITH, The Law Offices of J. Scott Smith, PLLC, we understand the high stakes involved in DWI  cases, including potential license suspension, fines, and even jail time. Our experienced team will thoroughly examine your case, challenge evidence, and work to protect your rights and future.

Do not face these charges alone. With our personalized approach and commitment to achieving an optimal outcome, we are here to guide you every step of the way. Contact LAWSMITH, The Law Offices of J. Scott Smith, PLLC, today to schedule your consultation and take the first step in building a strong defense against your DWI  charges.