North Carolina DWI Penalties

A Driving While Impaired (DWI) conviction in North Carolina carries with it serious penalties. North Carolina maintains some of the toughest laws against drinking and driving in the US. North Carolina DWI laws are also more complex than other DUI or DWI laws in the country. Rather than a simple, tiered sentencing system, the courts take many other factors into account when considering an appropriate sentence for the convicted. Because North Carolina DWI laws and penalties are so complex, it is essential that those accused of violating DWI laws in North Carolina contact a lawyer who specializes in North Carolina DWI law as soon as possible.

In North Carolina, it is possible to be convicted both under “appreciable impairment” laws and ‘per se” laws. Appreciable impairment relates to a person’s driving patterns at the time of arrest, results of field sobriety tests, appearance and possibly chemical test results. Per se laws, as is common nationwide, make it illegal to operate a motor vehicle if one’s blood alcohol content (BAC) is .08% or above, regardless of appreciable impairment. Per se convictions rest solely on the results of chemical breath, blood or urine tests. Though sentencing is not cut and dry, here is a basic outline of penalties one may reasonably expect to incur when convicted of violating North Carolina’s drunk driving laws.

1st DWI Offense

First time DWI convictions in North Carolina come with a mandatory one (1) year driver’s license suspension. A limited driver’s license may be issued, though the court has the option to restrict this option for thirty (30) days. Additionally, a first time DWI conviction may result in up to $2,000 in fines, up to twenty-four (24) months in prison, and up to twenty-four (24) hours of community service. Lastly, first time convicted offenders are subject to a lower per se BAC than the general population. Instead of being subject to a per se BAC of .08%, first time convicted offenders will be subject to a BAC of .04%.

2nd DWI Offense

A second DWI conviction within three (3) years of the first comes with a mandatory four (4) year driver’s license suspension. A limited driver’s license will not be issued if the second conviction is within seven years of the first. Additionally, a second DWI conviction in North Carolina may result in up to $2,000 in fines and seven (7) days to twenty-four (24) months in prison. Once the offender’s driver’s license is restored after a second DWI conviction, it becomes illegal for the offender to operate a motor vehicle with a BAC above 0%.

3rd DWI Offense

If a third DWI conviction occurs within five (5) years of the previous conviction, a mandatory permanent driver’s license revocation is instated. The third time offender faces up to $2,000 in fines and fourteen (14) days to twenty-four (24) months in prison.

4th DWI Offense

A fourth DWI conviction in North Carolina which occurs when all previous convictions have also occurred within the past seven (7) years is considered a felony and will result in a permanent driver’s license revocation. Additionally, fourth time convicted DWI offenders face one (1) to three (3) years in prison and a fine.