Onslow County DWI Lawyer

Driving While Impaired (DWI) in North Carolina

DWI Penalties in North Carolina

DWI Sentencing in North Carolina

§ 20-138.1. Impaired driving.

(a) Offense. - A person commits the offense of impaired driving if he drives any vehicle upon any highway, any street, or any public vehicular area within this State:

(1) While under the influence of an impairing substance; or

(2) After having consumed sufficient alcohol that he has, at any relevant time after the driving, an alcohol concentration of 0.08 or more. The results of a chemical analysis shall be deemed sufficient evidence to prove a person's alcohol concentration; or

(3) With any amount of a Schedule I controlled substance, as listed in G.S. 90-89, or its metabolites in his blood or urine.

• Level 5 (Least Severe): Fine up to $200; 24 hours to 60 days in jail (can be suspended).

• Level 4: Fine up to $500; 48 hours to 120 days in jail.

• Level 3: Fine up to $1,000; 72 hours to 6 months in jail.

• Level 2: Fine up to $2,000; 7 days to 12 months in jail.

• Level 1: Fine up to $4,000; 30 days to 24 months in jail.

• Level A1 (Most Severe): Fine up to $10,000; 12 months to 36 months in

• License Revocation: Immediate 30-day pre-trial revocation. Conviction typically brings a one-year revocation for the first offense, and up to permanent revocation for subsequent offenses.

• Ignition Interlock: Mandatory for many convictions, particularly for BAC of 0.15% or higher or repeat offenders.

• Assessment & Treatment: Mandatory substance abuse assessment and compliance with recommended treatment.

• Grossly Aggravating Factors: Convictions with factors like1) child under 18 in the car, 2) previous DWI in last 7 years, or 3) serious injury to another can trigger maximum penalties.

• Refusal Penalties: Refusing a chemical test (breath/blood) results in an immediate 30-day revocation and an additional one-year DMV license suspension.

Grossly Aggravating & Aggravating Sentencing Factors