North Carolina DUI/DWI: Penalties and Criminal Charge Defense

Drunk driving offenses in North Carolina are referred to as driving under the influence (DUI) or driving while intoxicated (DWI). A DWI occurs when the driver operates a vehicle with a blood alcohol content (BAC) of 0.08 percent and is over 21 years of age. North Carolina is a "zero tolerance" state and drivers 21 years of age will be charged with a DWI if their BAC is .02 percent or over.

There are several criminal and administrative penalties that come with a DWI conviction including jail time, fines, substance abuse assessment and license suspension. The types of penalties depend on the number of prior DWI offenses. Penalties are enhanced when certain grossly aggravating factors exist at the time of the offense.

North Carolina DWI Penalties

Below is a break down of penalties for DWI offenses:

First NC DWI Offense

• Mandatory license suspension – 1 year
• Substance abuse assessment/treatment

Second NC DWI Offense

• Mandatory License Suspension – 4 years (if previous DWI was within 3 years)
• Mandatory ignition interlock device
• Substance abuse assessment/treatment

Third NC DWI Offense

• Class "F" felony penalties (if prior offenses within 10 years)
• Jail Time – minimum of 12 months minimum
• License Suspension – permanent revocation if prior offense within 5 Years
• Ignition Interlock Device – required 7 Years if restoration allowed
• Possible vehicle forfeiture
• Substance abuse assessment/treatment

Fourth NC DWI Offense

• Class "F" Felony - habitual impaired driving (If Other Offenses Within 10 Years)
• Jail Time – minimum of 12 Months
• License Suspension – permanent revocation if 3 prior offenses within last 7 years
• Ignition Interlock Device – required 7 Years if restoration allowed
• Substance Abuse Assessment/Treatment

Grossly Aggravating Factors

Grossly aggravating factors enhance penalties for a North Carolina DWI. If a driver is found to have committed two of these aggravating factors when arrested for a DWI he or she can expect a "Level One" punishment. If a driver has committed one aggravating factor, he or she may receive "Level Two" punishment. The following are several grossly aggravating factors:

• Prior DWI conviction within 7 Years
• DWI while license is suspended for a prior DWI
• Serious injury to another person while DWI
• Child under 16 in vehicle while DWI

Level One Punishment

• Jail Time – from 30 days to 24 Months
• Fines – up to $4,000

Level Two Punishment

• Jail Time – 7 Days to 12 Months
• Fines – up to $2,000

Mitigating Factors

There are several mitigating factors that may be taken into consideration at trial. These factors may reduce the severity of the penalties. These factors include:

• Only slight impairment and testing was unavailable
• Prior safe driving record
• BAC did not exceed .09
• Otherwise driving legally (except for alcohol impairment) at time of the offense
• Impaired by prescribed dosage of legally obtained medication

Find an Attorney

Talk with an experienced attorney to discuss North Carolina DUI/DWI Laws and defend against possible prosecution and/or conviction.