• Login / Register
    User Sign in

    User Sign Up

    OR
    • Please set API keyLogin With twitter
    • Please set API keyLogin with Google Plus
    Forget Password?

    Sign Up

    Sign In

DUI.Attorney
  • Home Page
  • About Us
  • Members
  • DUI/DWI Law
  • Bail Bonds
  • Contact Us
  • Have a Former Prosecutor Defend Your Rights
  • Join Us
  • Search By State
  • DUI/DWI FAQ
  • Consequences of Conviction
  • DUI/DWI Law
  • Common Penalties
2000px-Flag_of_North_Carolina.svg
Arizona-DUI-1024x576
arrest-attorney
knox_county_courthouse_nebraska_courtroom_1
banner
h-banner3.jpg
banner-1-960x330

North Carolina DUI/DWI Laws

Click your County to find your FORMER PROSECUTOR Now!

Quick Overview of Penalties for DUI/DWI

  • BAC Percentage for Increased (Aggravated) Penalty – .15
  • License Suspension for 1st Offense – Yes
  • Limited Driving Privileges During Suspension – Yes
  • Ignition Interlock – Mandatory for high BAC and repeat convictions
  • Vehicle and License Plate Sanctions – Yes – Vehicle confiscation

General State Information

  • 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

Understanding DUI/DWI Penalties

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

Chemical Test Refusal

– 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.

Lookback Period

  • 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

Zero Tolerance

  • 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

Penalties for Underage Drivers (under 21)

1st Offense

  • 1 year license revocation

DUI/DWI Penalties/Alcohol/Drug related (Non-Aggravated)

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

DUI/DWI Penalties/Alcohol/Drug related (Aggravated)

– 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

Alcohol Drug Education Traffic School

  • 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

CDL Drivers (Commercial)

  • 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

  • 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
  • Alamance
  • Alexander
  • Alleghany
  • Anson
  • Ashe
  • Avery
  • Beaufort
  • Bertie
  • Bladen
  • Brunswick
  • Buncombe
  • Burke
  • Cabarrus
  • Caldwell
  • Camden
  • Carteret
  • Caswell
  • Catawba
  • Chatham
  • Cherokee
  • Chowan
  • Clay
  • Cleveland
  • Columbus
  • Craven
  • Cumberland
  • Currituck
  • Dare
  • Davidson
  • Davie
  • Duplin
  • Durham
  • Edgecombe
  • Forsyth
  • Franklin
  • Gaston
  • Gates
  • Graham
  • Granville
  • Greene
  • Guilford
  • Halifax
  • Harnett
  • Haywood
  • Henderson
  • Hertford
  • Hoke
  • Hyde
  • Iredell
  • Jackson
  • Johnston
  • Jones
  • Lee
  • Lenoir
  • Lincoln
  • McDowell
  • Macon
  • Madison
  • Martin
  • Mecklenburg
  • Mitchell
  • Montgomery
  • Moore
  • Nash
  • New Hanover
  • Northampton
  • Onslow
  • Orange
  • Pamlico
  • Pasquotank
  • Pender
  • Perquimans
  • Person
  • Pitt
  • Polk
  • Randolph
  • Richmond
  • Robeson
  • Rockingham
  • Rowan
  • Rutherford
  • Sampson
  • Scotland
  • Stanly
  • Stokes
  • Surry
  • Swain
  • Transylvania
  • Tyrrell
  • Union
  • Vance
  • Wake
  • Warren
  • Washington
  • Watauga
  • Wayne
  • Wilkes
  • Wilson
  • Yadkin
  • Yancey
banner
h-banner3.jpg
banner-1-960x330
banner
h-banner3.jpg
banner-1-960x330
banner
h-banner3.jpg
banner-1-960x330
  • Join Us
  • Find a DUI.Attorney Former Prosecutor Now!
  • Join Us
  • Military DUI Justice
  • Field Sobriety Testing
  • Look Back Period
  • SR-22 Insurance
  • Vehicle Confiscation

DUI.ATTORNEY Recent Blog Posts

J-E-T-S…..D-U-I
J-E-T-S…..D-U-I
  • Posted on November 19, 2018
  • by John Aguilera
TKO by DUI
TKO by DUI
  • Posted on October 17, 2018
  • by John Aguilera
Dram Shop Act cited in Berman Crash
Dram Shop Act cited in Berman Crash
  • Posted on September 12, 2018
  • by John Aguilera
Red Card!
Red Card!
  • Posted on August 19, 2018
  • by John Aguilera

Categories

  • Blog
  • Celebrity
  • Legal
  • Medical
  • Military
  • national
  • News
  • Politics
  • Press Releases
  • State
  • Technology
  • Weird
  • Welcome!

Archives

  • November 2018
  • October 2018
  • September 2018
  • August 2018
  • July 2018
  • June 2018
  • May 2018
  • April 2018
  • March 2018
  • February 2018
  • January 2018
  • December 2017
  • November 2017
  • October 2017
  • September 2017
  • July 2017
  • June 2017
  • May 2017
  • April 2017
  • March 2017
  • February 2017
  • January 2017
  • December 2016
  • November 2016
  • October 2016
  • September 2016
  • August 2016
  • July 2016
  • June 2016
  • May 2016
  • April 2016
  • March 2016
  • February 2016
  • January 2016

Contact Us

Corporate Office

FORMER PROSECUTORS INC.

  • Info@DUI.ATTORNEY

FORMER PROSECUTORS

  • Join Us
  • Pre-Qualifying Form
  • Members
  • Attorneys Directory
  • Military Prosecutors (JAG)

PROTECT YOUR RIGHTS

  • Know Your Rights
  • Former Prosecutor Advantage
  • During the Stop
  • Field Sobriety Testing
  • Breathalyzer Test

Important Information

  • DUI/DWI FAQ
  • DUI/DWI Laws By State
  • United States Interactive Map
  • DUI/DWI Consequences of Conviction
  • DUI/DWI Law
DUI.Attorney

© 2015 DUI.Attorney