DUI Reference Guide

North Carolina DWI Laws

North Carolina is considered to enforce some of the toughest DUI laws in the nation.  Recent changes to the state’s drunk driving laws now prohibit anyone in a motor vehicle from having open containers of alcohol while in a public area.  More action is being taken in an effort to prevent drivers from operating a vehicle if there is any possibility that they are impaired from alcohol or any other substance. 

Individuals convicted of drunk driving are required to have ignition interlock devices installed not only in the primary vehicle, but also installed in any and all vehicles registered in their names.  This is done in an attempt to ensure that a person will never even have the opportunity to drive while under the influence again. 

Another amendment to North Carolina’s Driving While Intoxicated laws now establishes a blood alcohol level of 0.04% for individuals who have been convicted of drunk driving previously and have had their driver’s license reinstated.  This is another approach used as a way to try to deter and prevent people who have been previously convicted to ever drive while under the influence again.

The law requires those convicted of having a blood alcohol level of 0.16% or higher to have an ignition interlock system installed in their vehicles before their license is returned.  In North Carolina, the vehicle of a driver whose license has been revoked in another state can be seized if the offense is similar. Therefore any DUI or related offenses could result in this action. 

Drivers suspected of being under the influence do have the right to refuse the breath test under North Carolina law.  However, that refusal can be used against the individual if arrested and arraigned in court.  Refusing to take a chemical test to measure blood alcohol content is often seen as a sign that the person might know that they are indeed under the influence.  The prosecution often uses the refusal to take chemical tests as further evidence that the defendant is guilty of the DUI for which they are charged.

If arrested and convicted of a DUI offense in North Carolina, fines can total $200 to $4,000.  An individual’s license generally is suspended for six months to one year, as determined by the court.  However, if a driver has not had a prior drunk driving offense and agrees to participate in a substance abuse treatment program, limited-driving privileges may be granted.  These driving rights can be used to help a person drive to and from their place of employment. 

Once a license has been restored, a restriction is placed on the license prohibiting the offender to drive with a BAC level at or above 0.04% for the first time that a license is returned.  If the license is being restored following subsequent offenses, a restriction prohibiting the offender from driving with any alcohol in the system is enacted.  These restrictions appear on the back of the driver’s license and are in the driver’s license record.  Once again, the goal is to prevent people from ever being able to make the dangerous decision to drive while under the influence. 

Jail sentences for DUI convictions range from 24 hours to two years for the more serious offenses.  Factors which the court takes into account when determining a sentence include whether a driver has had any prior Driving Under the Influence convictions; the driver’s BAC level; if the driver’s license previously was revoked; the individual’s overall driving record; and if a child under the age of 16 was present in the vehicle at the time the driver was arrested for suspected DUI.

The state of North Carolina requires that anyone convicted of a DUI attend alcohol safety school and/or receive substance abuse treatment.  A drunk driving conviction in North Carolina remains on the driver’s record for seven years.

Since the punishments for Driving While Intoxicated convictions in North Carolina are dependent upon a number of different mitigating factors, anyone arrested for drunk driving in the state immediately should contact an attorney who is knowledgeable about the state’s DWI laws and who can present an adequate defense.  Know your rights by consulting with an attorney who specializes in DWI cases.  Many lawyers offer free consultation for those who are seeking an attorney.