North Carolina DWI Laws & Penalties

North Carolina Drunk Driving Laws Explained in Easy to Understand Simple Terms

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 The Safe Roads Act repealed all previous NC DWI laws and enacted what is now referred to as North Carolina DWI laws.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 Level Five DWI Punishments:

North Carolina Level Four DWI Punishments:

North Carolina Level Three DWI Punishments:

  • Drivers License Suspension:  permanent revocation (if prior within 5 years of 3rd offense)
  • Fine:  Up to $1,000
  • Jail:  72 hours to 6 months
  • Community Service:  72 hours or 90 day license forfeiture in lieu of jail time
  • Possible substance abuse assessment and education or treatment

North Carolina Level Two DWI Punishments:

  • Drivers License Suspension:  permanent revocation (if prior within 5 years of 2nd offense)
  • Fine:  Up to $2,000
  • Jail:  7 days to 24 months
  • Community Service:  72 hours or 90 day license forfeiture in lieu of jail time
  • Substance abuse assessment and education or treatment

North Carolina Level One DWI Punishments:

  • Drivers License Suspension:  permanent revocation (if prior within 5 years of 2nd offense)
  • Fine:  Up to $4,000
  • Jail:  30 days to 24 months
  • Community Service:  72 hours or 90 day license forfeiture in lieu of jail time
  • Substance abuse assessment and education or treatment

North Carolina Implied Consent Laws

  • Chemical testing is allowed whether it be breath or blood test as selected by the officer.
  • The officer must advise the defendant of the penalties for test refusal.
  • If the defendant refuses the test they face an immediate license seizure, a 12 month license revocation and the refusal is admissible in court.
  • The PBT is only admissible to establish probable cause.

North Carolina DWI Chemical Testing

  • All chemical tests must be done by a person with a valid permit that is in accordance with the Commission of Health Services.
  • Blood draws for police testing must be administered by a licensed physician, registered nurse or other qualified person.
  • The defendant has the right to have an independent chemical test done by a qualified person of their choice. The costs of an independent test are the defendant’s responsibility.
  • There are no statutory provision as to the disclosure of the test results to the defendant.

North Carolina SR22 Insurance

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 SR22 insurance provider in the state of North Carolina and has worked out a special discount only available here to our website visitors.

You won’t be able to find a cheaper SR22 insurance policy in North Carolina for any less. 

Additional North Carolina DWI Resources