North Carolina DUI Laws

In the state of North Carolina you will be charged with Driving While Intoxicated (DWI) if your Blood Alcohol Content (BAC) is 0.08%, the minimum BAC known to impair everyone.

First North Carolina DWI Offense

• 1 year license suspension
• Mandatory substance abuse treatment

Second North Carolina DWI Offense

• 4 years license suspension if offense is within 3 years of previous offense
• Mandatory substance abuse treatment
• Ignition interlock required for license reinstatement

Third North Carolina DWI Offense

• Class “F” felony if offense is within 10 years of previous offenses
• Minimum 1 year imprisonment
• Permanent license suspension if offense is within 5 years of previous offense.
• Mandatory substance abuse treatment
• Possible vehicle forfeiture
• Ignition interlock required for seven years is restoration is permitted

Fourth North Carolina DWI Offense

• Class “F” felony if offense is within 10 years of previous offenses
• Minimum 1 year imprisonment
• Permanent license suspension if offense is within 7 years of previous three offenses
• Mandatory substance abuse treatment
• Ignition interlock required for seven years is restoration is permitted

Above and beyond these offenses, North Carolina has two sets of aggravating and mitigating factors that must be carefully weighed before justice is meted out. When these factors are taken into account, the judge will consider what level of punishment the offender will receive.

For example, if the DWI offender has one grossly aggravating factor counted against him, he will likely need to expect “Level Two Punishment.” For a complete rundown on aggravating and mitigating factors as well as the resulting levels of punishment, you should check North Carolina’s DWI laws website.

North Carolina’s implied consent law means that if you are pulled over for suspected DUI and you refuse to submit to a test, your license will be suspended for at least 30 days. Thereafter a hearing will determine if your license is suspended for an additional year.