North Carolina DUI Laws

North Carolina places drunk driving under the state per se law. If your blood alcohol level is at or above the legal limit while operating a motorized vehicle, you will be arrested on a DWI. In North Carolina, a DWI will result in multiple fines and penalties. All DWI convictions have a license suspension, and court ordered substance abuse treatment attached to the charge. North Carolina DWI laws are strictly adhered to and the penalties and fines are increased for repeat offenders. A repeat offender in the state of North Carolina will be charged with a felony conviction. These rules apply to other substances such as drugs and inhalants.

Furthermore, North Carolina has a more complicated system of classifying DWI charges and convictions. They attach additional penalties to Grossly Aggravating Factors which is the most severe circumstances surrounding a DWI arrest. These circumstances are prior conviction in the last 7 years, getting a DWI while on a license suspension from the prior DWI, causing a serious injury to another person when you receive your DWI, and having a child under the age of 16 in the vehicle with you at the time of the arrest. You may also be charged with Aggravating Factors which include a BAC of .15% or more, reckless driving or causing an accident, drivers license revoked when arrested, prior conviction for DWI, speeding in an attempt to outrun the police, speeding 30 mph over the speed limit or passing a school bus illegally. Mitigating Factors are having a slight impairment where the test was no available, safe driving record, BAC of .09 or less, obeying traffic laws other than the slight impairment, driving under the prescribed dosage of a legal medication, or you voluntarily submit yourself to a mental health facility to be assessed. The mitigating may help to reduce your fines and penalties.

There are also levels of penalties that can be added to your DWI convictions. Level one will be used if you have 2 grossly aggravating factors involved in your arrest. Level two will be used if you have 1 grossly aggravating factor involved in your arrest. A level three penalty will be applied to your conviction if the aggravating factors outweigh your mitigations. If the aggravating and mitigating factors do not exist or are balanced, then level 4 penalties will be applied to your conviction. If the mitigating factors outweigh the aggravating factors then level 5 penalties will be applied to your conviction.

North Carolina’s implied consent law will result in the loss of your driver’s license for 30 days if your refuse to take a blood alcohol, breath or urine test. Operating a motorized vehicle on North Carolina roads is your acceptance of taking a chemical test if stopped for impaired driving. You will have to pay fines and administrative fees to get the vehicle back. You may also be required to install the Ignition Interlock Device (IID) on your vehicle at your own expense.

The BAC for North Carolina is .08% or higher. A BAC of .15% or higher is considered extreme DWI. North Carolina has a zero tolerance law in place for underage drinkers. This includes anyone under 21. Underage drinkers caught driving with a BAC of 0.01% will be charged with a DWI. Over the counter cough medicine can put you over the limit. The BAC for commercial drivers, this is anyone hauling merchandise or people, is .04%. Your third arrest for DUI or OWI becomes a felony.


Level One Penalties which may be added to your conviction are 30 days to 24 months of jail time and up to $4,000.00 in fines. Level Two Penalties are 7 days to 12 months of jail time and up to $2,000.00 in fines. Level Three Penalties are 72 hours of jail time or community service, and up to $500.00 in fines. Level Four Penalties are 48 hours of jail time or community service, and up to $500.00 in fines. Level Five Penalties are 24 hours of jail time or community service, and up to $200.00 in fines.

Your first conviction will result in a 1 year mandatory license suspension plus any additional penalties listed above. You will also be required to attend substance abuse assessment or treatment.

Your second conviction within 3 years of the previous conviction will result in a 4 year license suspension plus any additional penalties listed above. You will also be required to attend substance abuse assessment or treatment and install the Ignition Interlock Device (IID) on your vehicle at your own expense.

Your third is conviction become a Class F Felony if it occurs within 5 years of the previous conviction will result in a permanent revocation of your license plus any additional penalties listed above. You will serve at least 12 months of jail time on the third offense. You will also be required to attend substance abuse assessment or treatment and install the Ignition Interlock Device (IID) on your vehicle at your own expense for 7 years if your license is restored. You may possibly forfeit your vehicle upon this conviction.

Your fourth conviction labels you as a Habitual Impaired Driver and is a Class F Felony when it takes place within 10 years of the previous arrest. If the three previous arrests were in the last 7 years you will lose your license permanently. If the state allows you to restore your license you will be required to install the IID on your vehicles for 7 years at your own expense. You will be required to attend a substance abuse assessment and/or treatment program as well as any of the level penalties and fines assessed by the judge from the list above.