North Carolina DWI Laws and Penalties [2024 Updated]

Every state has the power to decide how driving under the influence charges are handled. In North Carolina, the state has some of the strictest DWI laws in the country. This makes working with a Statesville DWI lawyer vital if you’ve been accused of a DWI in the area.

What Is a DWI?

An individual may be charged with a DWI, which stands for a “driving while intoxicated” charge, if they are found operating a vehicle while under the influence. While many people think that you can only receive a DWI when you’re drinking, North Carolina’s DWI laws also apply to those who are impaired by substances. Whether an individual is abusing their prescription medication or using illegal drugs, it is unlawful to drive while impaired to any extent.

Many other states refer to driving under the influence charges as “DUIs.” However, North Carolina’s legislation refers to these charges as DWIs. When you’re in court, you may hear a North Carolina judge use these terms interchangeably. This is because, in North Carolina, both of these charges refer to the same offense. However, in other states, individuals found impaired by alcohol may receive a DUI, while others impaired by substances receive a DWI.

If you are charged with a DWI, you should speak with a DWI attorney in Statesville, NC, as soon as possible.

What Happens if You’re Pulled Over for a DWI in North Carolina?

If an officer pulls you over because they suspect you’re intoxicated, they may require you to take tests that prove your sobriety. These tests are called Field Sobriety Tests (FSTs). There are a variety of FSTs an officer may use to determine how impaired a driver may be, many of which vary in difficulty as well. Common examples of these tests include walking in a straight line, saying the alphabet forwards and backward, and following an object with your eyes.

The most common FST that is used at almost every suspected DWI stop is known as a breathalyzer. A breathalyzer test samples a person’s breath and then determines their Blood Alcohol Content (BAC). In almost every U.S. state, it is illegal to operate a non-commercial vehicle with a BAC of over 0.08%. For commercial vehicles such as a bus or a semi-truck, the legal limit is 0.04%. Additionally, no one under the age of 21 can have a BAC over 0.00%.

If you fail any FST, especially a BAC test, you will likely be arrested for driving while intoxicated in North Carolina.

What Are the Penalties for a DWI Charge in North Carolina?

North Carolina is well known for its harsh impaired driving laws. A few things make North Carolina DWI charges particularly serious. First, unlike other states, North Carolina DWI charges are permanent. Even if you’re convicted of the mildest charge, which is a Level 5, a DWI conviction will stay with you forever. This means it could impact your career, make your insurance premiums skyrocket, affect your education, and more.

Additionally, the penalties for a DWI in North Carolina can be significant and often result in some form of jail time. The sentencing for a DWI in North Carolina follows a level system that is based on factors including, but not limited to, BAC levels, property damage, number of people injured or put at risk, minor involvement, and prior DWI offenses. The following are common sentences for different DWI charges in North Carolina:

Level 5: Jail sentence ranging from a minimum of one day to a maximum of two months, with fines up to $200.

Level 4: Jail sentence ranging from a minimum of two days to a maximum of two months, with fines reaching $500.

Level 3: Jail sentence ranging from a minimum of three days to a maximum of six months, with fines up to $1,000.

Level 2: Jail sentence ranging from a minimum of seven days to a maximum of one full year, with fines reaching $2,000.

Level 1: Jail sentence ranging from a minimum of thirty days to a maximum of two years, with fines up to $4,000.

Aggravated Level 1: Jail sentence ranging from a minimum of one year to a maximum of three years, with fines that can get up to $10,000.

FAQs

Q: What Is the BAC Limit for a DWI in North Carolina?

A: Whether or not someone is charged with a DWI depends on a variety of factors, with the most important being their BAC level. In North Carolina, an individual cannot operate a non-commercial vehicle with a BAC over 0.08%. If the individual is under 21, they cannot operate a vehicle with any alcohol or drugs in their system. If you’re a commercial driver, your BAC cannot surpass 0.04% without consequences.

Q: How Likely Is Jail Time for Your First DWI Charge in North Carolina?

A: For a first-time DWI in North Carolina, jail time can often be avoided in lieu of things like community service, court-ordered probationary periods, as well as drug treatment programs. However, this is dependent on the severity of the charges and how well your defense lawyer is able to negotiate. If you are convicted of a serious DWI, you most likely will receive mandatory jail time.

Q: Is North Carolina Strict on DWI Charges?

A: Yes, North Carolina is very strict on DWI charges and is often referred to as one of the strictest states in the country. This is largely due to the fact that the state doesn’t allow plea bargains for wet reckless charges in addition to its harsh consequences and the inability to have a DWI expunged.

Q: What Determines the Level of DWI in North Carolina?

A: There are three main factors that determine the level of your North Carolina DWI. These factors include whether someone was injured or killed, whether you have previous DWI convictions from the past seven years, and how severe your accident or case was.

Contact an Iredell County DWI Lawyer

When you’re charged with a DWI in North Carolina, you need legal counsel as soon as possible. Our accomplished criminal defense firm holds over 20 years of experience and is prepared to help you skillfully navigate your upcoming case. We can negotiate on your behalf and fight for an optimal outcome. Contact The Law Office of Michael D. Cleaves, PLLC, today to schedule a consultation.