DUI

DUI

North Carolina DUI Penalties | Consequences of Drunk Driving in North Carolina : Jail Time, Fines, License Suspension

Grossly Aggravating Factors - North Carolina DWI: 

(If 1 Grossly Aggravating Factor present, Level 2 DWI. If 2 Grossly Aggravating Factors or More, Level 1 DWI.)

1. A prior conviction for an offense involving impaired driving if:
   1. The conviction occurred within seven years before the date  of the offense for which the defendant is being sentenced; or
   2. The conviction occurs after the date of the offense for which the defendant is presently being sentenced, but prior to or contemporaneously with the present sentencing; or
   3. The conviction occurred in district court; the case was appealed to superior court; the appeal has been withdrawn or the case has been remanded back to district court; and a new sentencing hearing has not been held pursuant to G.S. 20-38.7.

Each prior conviction is a separate grossly aggravating factor. G.S. 20-179(c)(1).

2. DWLR at the time of the offense under G.S. 20-28, and the revocation was an impaired driving revocation under G.S. 20-28.2(a).
3. Serious injury to another person caused by the defendant's impaired driving at the time of the offense.
4.  Driving by the defendant while a child under the age of 16 years was in the vehicle at the time of the offense.

Aggravating and Mitigating Factors - North Carolina DWI: 

• Aggravating > Mitigating - Level 3
• Aggravating = Mitigating - Level 4
• Mitigating > Aggravating - Level 5

Aggravating Factors: 

• Gross impairment of the defendant's faculties while driving or an alcohol concentration of 0.15 or more within a relevant time after the driving.
• Especially reckless or dangerous driving.
• Negligent driving that led to a reportable accident.
• DWLR.
• Two or more prior convictions of a motor vehicle offense not involving impaired driving for which at least three points are assigned under G.S. 20-16 or for which the convicted  person's license is subject to revocation, within 5 years of the date of the offense.
• One/more prior conviction of an offense involving impaired driving more than seven years before the date of the current offense.
• Conviction under G.S. 20-141.5 of speeding to flee/elude.
• Conviction under G.S. 20-141 of speeding at least 30 mph over limit.
• Passing a stopped school bus in violation of G.S. 20-217.
• Any other factor that aggravates the seriousness of the offense. 

Mitigating Factors:

• Slight impairment of the defendant's faculties resulting solely from alcohol, and an alcohol concentration that did not exceed 0.09 at any relevant time after the driving.
• Slight impairment of the defendant's faculties, resulting solely from alcohol, with no chemical analysis having been available to the defendant.
• Safe and lawful driving (except for the DWI).
• A safe driving record (no four-point traffic convictions or for which the person's license is subject to revocation within five years).
• Impairment of the defendant's faculties caused primarily by a lawfully prescribed drug for an existing medical condition, and the amount of the drug taken was within the prescribed dosage.
• Voluntary submission for assessment after charge and, if recommended, voluntary participation in the recommended treatment.
• Completion of a substance abuse assessment, compliance with its recommendations, and simultaneously maintaining 60 days of continuous abstinence from alcohol consumption as proven by a continuous alcohol monitoring system of a type approved by Dep’t of Correction.
• Any other factor that mitigates the seriousness of the offense

Level One North Carolina DWI Penalties: 

• Imprisonment: Minimum 30 days - maximum 24 months. If suspended, special probation requiring active term of at least 30 days
• Fine: Up to $4,000
• May impose continuous alcohol monitoring for minimum of 30 days to maximum of 60 days as condition of probation. Total cost to defendant for continuous alcohol monitoring system may not exceed $1,000. If court finds defendant should not be required to pay cost of monitoring, must not impose this condition unless local government agrees to pay. 

Level Two North Carolina DWI Penalties:

• Imprisonment: Minimum 7 days - maximum 12 months. If suspended, special probation requiring active term of at least 7 days
• Fine: Up to $2,000
• May impose continuous alcohol monitoring for minimum of 30 days to maximum of 60 days as condition of probation. Total cost to defendant for continuous alcohol monitoring system may not exceed $1,000. If court finds defendant should not be required to pay cost of monitoring, must not impose this condition unless local government agrees to pay. 

Level Three North Carolina DWI Penalties: 

• Imprisonment: Minimum 72 hours - maximum 6 months. If suspended, special probation requiring active term of at least 72 hours and/or at least 72 hours community service within 90 days
• Fine: Up to $1,000

Level Four North Carolina DWI Penalties: 

• Imprisonment: Minimum 48 hours - maximum 120 days. If suspended, special probation requiring active term of at least 48 hours and/or at least 48 hours community service within 60 days
• Fine: Up to $500

Level Five North Carolina DWI Penalties: 

• Imprisonment: Minimum 24 hours - maximum 60 days. If suspended, special probation requiring active term of at least 24 hours and/or at least 24 hours community service within 30 days
• Fine: Up to $200

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The level of your DWI charge will be determined by the court based on a weighing of any present aggravating or mitigating factors. In addition to the penalties imposed based on the level of your DWI charge, there are also additional penalties of which you should be aware.

First North Carolina DWI:

• Driver's License Suspension: 60 days
• Ignition Interlock Device: Possible
• Substance Abuse Assessment and Treatment

Second North Carolina DWI: 

• Driver's License Suspension: 1 year. 4 years if previous DWI within 3 years
• Ignition Interlock Device: Required
• Substance Abuse Assessment and Treatment
• Community Service: 24 - 72 hours

Third North Carolina DWI: 

• Imprisonment: 14 days - 2 years
• Driver's License Suspension: Permanent Revocation
• Vehicle Seizure: Possible
• Ignition Interlock Device: Required for 7 years if restoration granted
• Substance Abuse Assessment and Treatment

Fourth North Carolina DWI: 

• Class F Felony
• Imprisonment: 12 months minimum
• Driver's License Suspension: Permanent Revocation
• Ignition Interlock Device: Required for 7 years if restoration granted
• Substance Abuse Assessment and Treatment

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North Carolina DUI Laws - Relevant Statutes

North Carolina General Statutes

• Article 2 Uniform Driver's License Act
  • 20-16.2 Implied consent to chemical analysis; mandatory revocation of license in event of refusal; right of driver to request analysis
  • 20-16.3 Alcohol screening tests required of certain drivers; approval of test devices and manner of use by Department of Health and Human Services; use of test results or refusal
• Article 2D Implied-Consent Offense Procedures
• Article 3 Motor Vehicle Act of 1937
  • Part 10 Operation of Vehicles and Rules of the Road
    • 20-138.1 Impaired driving
    • 20-138.2 Impaired driving in commercial vehicle
    • 20-138.2A Operating a commercial vehicle after consuming alcohol
    • 20-138.2B Operating a school bus, school activity bus, or child care vehicle after consuming alcohol
    • 20-138.2C Possession of alcoholic beverages while operating a commercial motor vehicle
    • 20-138.3 Driving by person less than 21 years old after consuming alcohol or drugs
    • 20-138.4 Requirement that prosecutor explain reduction or dismissal of charge in implied-consent case
    • 20-138.5 Habitual impaired driving
    • 20-138.7 Transporting an open container of alcoholic beverage
    • 20-139.1 Procedures governing chemical analyses; admissibility; evidentiary provisions; controlled-drinking programs
  • Part 12 Sentencing; Penalties
    • 20-179 Sentencing hearing after conviction for impaired driving; determination of grossly aggravating and aggravating and mitigating factors; punishments
    • 20-179.1 Presentence investigation of persons convicted of offense involving impaired driving
    • 20-179.3 Limited driving privilege

The skilled North Carolina DUI lawyers on this site can help you with all aspects of your drunk driving arrest including: further information on DUI penalties, fines, and consequences, administrative driver's license suspension or revocation, Under 21 DUI Drunk Driving and Zero Tolerance Laws, SR-22 insurance, DUI School, Mothers Against Drunk Driving (MADD) Victim Impact Panels, how to beat a DUI, Ignition Interlock Devices, SCRAM Continuous Alcohol Monitoring Device, DUI Expungement, DUI Diversion, Community Service, and all other issues surrounding your North Carolina Drunk Driving DUI Arrest.

North Carolina DUI Attorneys can help fight for your Rights following a DUI arrest in Asheville, Cary, Charlotte, Concord, Durham, Fayetteville, Greensboro, High Point, Outer Banks, Wilmington, Winston-Salem, or anywhere else in North Carolina.