• State Penal Code – NCGS Section 20-138.1
• Open Container Laws – Yes
• Repeat Offender Laws – Yes
• Check Points – Yes – weekly
• Alcohol Exclusion Laws Limiting Treatment – None

There are four main factors that determine the severity of the penalties incurred:

1. The age of the driver
2. The substance impairing you. This may be drugs, or alcohol, or both
3. The category of your driver’s license (Restricted, CDL)
4. Whether you refused a chemical test

– Every state has some version of the “Implied Consent” law

– This law carries serious consequences for refusing a chemical test

– The penalties for refusing a chemical test in North Carolina are:

1st Refusal

• 1 year license suspension

North Carolina does not have any set penalties for subsequent test refusals. Therefore, it is assumed that any penalties will be decided at the discretion of the judge.

• In North Carolina the lookback period is 7 years
• Any arrest for DUI/DWI within 7 years of your first offense results in higher penalties

• Drivers under 21 with a BAC of .01% or more will be charged with DUI/DWI
• A BAC of .08% and above will result in the same penalties as drivers 21 and over

1st Offense

• 1 year license revocation

1st Offense

• 1 year license revocation

• $100 – $2000 fine

• Prison (24 day minimum, 2 year maximum)
• 24 hours of Community Service
• you must have a DUI/DWI assessment done by a court approved treatment program

2nd Offense

• 4 year license revocation

• $2000 – $4000 fine

• Prison (7 day minimum, 2 year maximum)
• Installation of Ignition Interlock Device
• you must have a DUI/DWI assessment done by a court approved treatment program

– North Carolina is unique in the way it classifies Aggravated DUI/DWI convictions. It is broken down into three separate categories:

1. Grossly Aggravating
2. Aggravating
3. Mitigating

– Grossly Aggravating will be applied under these circumstances:

• prior DUI/DWI conviction within the lookback period
• having a child under 16 in the vehicle
• causing serious injury to another
• driving while your license is suspended or revoked

– Aggravating will be applied under these circumstances:

• BAC of .15% or above
• reckless driving

– Mitigating factors are the exact opposite of the above circumstances, as these may help reduce the penalties assigned to you. The following are mitigating factors:

• safe driving record
• BAC level of .09% or lower
• voluntary submission to a treatment program

– It is possible that mitigating factors may lessen these additional penalties

• The Alcohol Drug Education Traffic School (ADETS) is a state sponsored program aimed at helping reduce DUI/DWI recidivism
• The program consists of two sections that incorporate driver education, and drug and alcohol treatment
• First time offenders who were found to have a BAC level of .14% or less may qualify for a special 16 hour driver safety course which when completed, will allow them to regain temporary limited driving privileges
• Repeat offenders, and those with a BAC of .14% or above must complete a lengthier program which includes mandatory a drug and alcohol treatment portion

• Those with a commercial driver’s license (CDL) are held to a stricter standard
• Accordingly, their BAC threshold is significantly lower (0.04%), and the penalties incurred are often much more severe
• An initial DUI conviction in a passenger or commercial vehicle will result in a one year CDL suspension
• A second DUI conviction in a passenger or commercial vehicle will result in a permanently revoked CDL

• Wet Reckless is a general term that refers to a plea bargain that may reduce the severity of the charge against you
• North Carolina does allow for plea bargains in DUI/DWI cases
• It can only be pleaded down to reckless driving
• This allows you to avoid a criminal record
• Any subsequent DUI/DWI arrests within the look-back period will reverse the original plea bargain
• The reckless driving will revert back to a full DUI/DWI conviction and lead to enhanced penalties in this case
• This plea bargain is typically only allowed for first time offenders with no aggravating factors involved