North Carolina DWI

North Carolina DWI law was changed in 1983 by the North Carolina General Assembly by the Safe Roads Act. The Safe Roads Act repealed all previous NC DWI laws and enacted what is now referred to as North Carolina DWI laws. This new law is similar to other states in that it includes the (2) charges, the driving while impaired and an additional charge commonly referred to as the 'per se' law.

A North Carolina DWI can be proven in one of two ways:

• By proving the driver's physical or mental fitness are appreciably impaired by alcohol, drugs or a combination of both. 
• By proving the driver's blood alcohol concentration (BAC) was 0.08% or more while operating the motor vehicle. (This is the per se charge) 

If a North Carolina police officer charges you with a DWI, you will be *asked to take a chemical test of your breath or blood. If you refuse to perform any required test, your drivers license will be immediately revoked for at least 30 days and the DMV will revoke your driving privileges for a minimum of 12 months. The judge may allow a limited driving privilege after (6) months of the revocation due to the refusal.

If your chemical test results in an alcohol concentration of .08% or more (for CDL drivers, .04% or more), your driving privileges will be revoked immediately for a minimum of 30 days. Additionally, the results of your chemical test or the fact that you refused to take the test will be admissible as evidence in court.

North Carolina DWI Punishments

First DWI Conviction:

• Drivers License Suspension:  1 year (30 days without restricted driving privileges)
• Fine:  $100-$2000
• Jail:  24 hours (minimum) to 24 months (maximum)
• Community Service:  24 hours

Second DWI Conviction:

• Drivers License Suspension:  4 years (no restricted driving privileges if 2nd offense within 3 years of 1st offense)
• Fine:  $1000-$2000
• Jail:  7 days to 24 months
• Community Service:  24 hours

Third DWI Conviction:

• Drivers License Suspension:  permanent revocation (if prior within 5 years of 3rd offense)
• Fine:  $2000
• Jail:  14 days to 24 months
• Community Service:  24 hours

Notes: 

1. A DWI conviction with a BAC of .16% or more, or a 2 DWI convictions within a seven year period will require an ignition interlock device (IID) to be installed in all of the drivers vehicles, leased, rented, etc... 
2. If you are convicted of DWI while your license is revoked for an earlier DWI conviction, the court may order your vehicle seized and sold. 
   

North Carolina DWI DMV Drivers License Re-Instatements

After a DWI offense the NC DMV takes administrative action against your driving privileges, this is a separate action from the North Carolina court system. In order to reinstate your drivers license after the administrative revocation by the NC DMV you'll have to complete the following:

• Mandatory alcohol/drug substance abuse assessment (ADETS treatment if applicable). 
• Paid the required fees; $100 for the assessment, $160 for the ADETS treatment (or if using another approved service provider must pay associated fees). 

North Carolina DWI Attorneys

If you're facing a NC DWI charge don't make the mistake of trying to represent yourself or worse just pleading guilty.  DWI defense is a complex part of the law and requires a skilled attorney who has represented clients in similar situations.  You want to speak with only those attorneys who ONLY handle DWI cases- a specialist.

DUI Arrest Help.com has compiled a list of skilled defense attorneys in North Carolina who have agreed to offer you a free initial consultation to discuss your case.  There is no obligation to use them, and you can get some great information about what you should do.  

Click here to speak with one of our North Carolina DWI lawyers.

Insurance Considerations for a North Carolina DWI

North Carolina DWI law requires that those convicted must maintain high risk auto insurance for a period of 3 years after they get their driving privileges back.  High risk auto insurance in North Carolina is referred to as a SR-22 insurance policy. 

DUI Arrest Help.com has partnered with the largest and most trusted provider in the state of North Carolina to offer you a free no obligation SR-22 insurance quote.  Not only will you save money but our partner also leads the insurance industry in customer service. 

Take a minute and fill out a free no obligation quote.  It won't cost you a thing (and only takes a minute) to check and see what they can do for you.

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