NORTH CAROLINA DWI

Blood Alcohol Level (BAC) for Driving While Intoxicated (DWI) in North Carolina:

• Standard BAC: .08% or above
• Zero Tolerance BAC: .00% or above
• Commercial Drivers: .04% or above
• High BAC: .16% or above

Implied Consent and Chemical Test Refusal: Refusing to take a BAC test by blood, breath, or urine is a violation of North Carolina's Implied Consent Law. By taking advantage of the privilege to drive on the roads in North Carolina you implicitly consent to a chemical BAC test if the peace officer has a reasonable belief that you have been drinking. If you break the law, your driver's license will automatically be suspended for 30 days.

Talk to a North Carolina DWI attorney if you have violated the North Carolina Implied Consent Law or have been arrested for a DWI for valuable guidance and to assist in your defense.

North Carolina DWI Arrest - Civil Case

Potential Penalties:

• License Suspension:
  • First DWI Conviction: 1 year.
  • Second DWI Conviction: 4 year suspension if within 3 years of your first DWI.
• Monetary Fines:
  • First DWI Conviction: Between $200 and $4,000.
  • Second DWI Conviction: From between $200 and $4,000.
• Community Service: Your first DWI conviction may result in a requirement that you complete between 24 and 72 hours of community service.
• Probation: Yes, at the court's discretion and in certain circumstances.
• Motor Vehicle Impoundment: Your vehicle may be impounded for as many as 10 days, and you will have to pay the impound fees.
• Ignition Interlock: You are required to install an ignition interlock device in your car after your second DWI offense and for any offense thereafter, or if your BAC was above .16% when you were arrested. You must leave the device installed in your car for 1 year after your license is reinstated if your license was revoked for 1 year, 3 years if your license was revoked for 4 years, and 7 years if your license was permanently revoked, but was restored.
• Prison Time:
  • First DWI: 24 hours to 24 months.
  • Second DWI: Depending on the level of the offense, from 24 hours to 24 months.

North Carolina DWI Arrest - Criminal Charges Because North Carolina's DWI law is multifaceted and has many unique provisions, it is imperative that you seek counsel from a North Carolina criminal attorney. A DWI will have a great effect on your future, and it is in your best interest to hire a lawyer to get the best possible outcome.

Potential Criminal Consequences: Your first and second DWIs in North Carolina are misdemeanors. The sentencing levels for DWIs range from levels One to Five depending on the severity of the DWI.

Reinstating Your License After North Carolina DWI Conviction: The reinstatement process in North Carolina for a DWI requires you to complete several steps. You must serve your suspension time, pay a $75 reinstatement fee, reapply for your driver's license, prove that you are enrolled in a Driver Improvement Clinic, pay your court fines, and if required, provide proof of enrollment in an alcohol safety school.

Effect of North Carolina DWI on Car Insurance: It can be difficult to obtain car insurance for a decent price after you have been convicted of a DWI in North Carolina. At minimum, your car insurance rates will rise dramatically. To have your license reinstated after a DWI, you must file a DL123 form (similar to an SR-22 form), which certifies that you have the minimum amount of liability insurance required in North Carolina, and are thus financially responsible.

Effect of North Carolina DWI on Driving Record: A DWI will remain on your record for seven years in North Carolina.

Under 21 and North Carolina DWI: North Carolina has a Zero Tolerance Law for underage drivers with any trace of alcohol in their system. If you have a BAC of above .00% you will be charged with a Class Two misdemeanor and will receive a one year license suspension.

North Carolina DUI Resources

North Carolina Division of Motor Vehicles:

http://www.ncdot.org/dmv/

North Carolina General Statutes:

http://www.ncga.state.nc.us/gascripts/Statutes/StatutesTOC.pl?Chapter=0020