North Carolina Drunk Driving Laws

North Carolina courts have a wide range of punishment options for convicted drunk drivers, based on a system of mitigating, aggravating, and grossly aggravating factors. The goal is to make the punishment fit not only the crime, but the criminal, as well.

The baseline penalties for a first conviction of driving while intoxicated (DWI) in North Carolina are a one-year suspension of driving privileges and a substance abuse assessment that may result in mandatory enrollment in a treatment program. As in most states, a blood alcohol concentration (BAC) of 0.08 percent constitutes DWI.

Second Conviction May Require Onboard Breath Tester

For a second DWI conviction, additional punishment may include the use of an ignition interlock device (IID) as a condition of reinstatement of driving privileges. The IID, wired into a car's ignition system, prevents the car from being started if the driver fails a BAC breath test.

A third conviction within 10 years can earn the offender a year in prison and classification as a felon. If within five years, it could result in seven years' use of an IID or even permanent loss of driving privileges and seizure of the vehicle.

Fines and jail time are prescribed on five different levels, based on mitigating and aggravating factors. The former must be proven by the defendant; the latter, by the prosecution. Fines can range from $200 to $4,000; jail time, from 24 hours to two years.

Among mitigating factors are a safe driving record, BAC not above 0.09 percent, and lawful driving, other than being impaired.

Prior Convictions Among Aggravating Factors

Aggravating factors include a BAC of 0.15 percent or higher, any prior DWI conviction, reckless driving or an accident, driving after a license has been revoked, and driving more than 30 mph above the speed limit.

Grossly aggravating factors include a prior DWI conviction within seven years, DWI with a license suspended due to a previous DWI, serious injury to another person while DWI, and DWI with a child under 16 in the vehicle.

If you've been arrested for DWI in North Carolina, contact an experienced DWI attorney who will fight to protect your rights as a defendant. If you are convicted, you will need an experienced attorney to argue the mitigating factors that may influence the level of your punishment. North Carolina DWI laws are complicated. Don't go to court alone.