As in every state across the nation, North Carolina takes drunk driving seriously and imposes harsh penalties for driving while impaired (DWI). Although it’s important to make sure people are safe when using the roadways, it’s equally important to protect the rights of those accused of such wrongdoing. Thus, if you’ve been charged with this type of offense, you should consult a DWI attorney as soon as possible to discuss your defense options. Below is an overview of the state’s legal approach to these charges.

Understanding North Carolina’s Drunk Driving Laws & Penalties

Levels of DWI Offenses

In North Carolina, drivers who are arrested on suspicion of drinking and driving face varying levels of charges, depending on the severity of aggravating factors. There are five misdemeanor levels of DWI and an aggravated level. Those convicted of a Level V face 24 hours to 60 days in jail and up to a $200 fine. Level IV is punishable with 48 hours to 120 days in jail and a fine up to $500. Level III convictions can carry 72 hours to six months of jail time and a fine up to $1,000. Level II DWIs are punishable with a seven-day minimum and one-year maximum jail sentence and a fine up to $2,000. Individuals convicted of a Level I can spend up to two years in jail and pay a fine up to $4,000. Aggravated Level I, in which three or more grossly aggravating factors are involved, holds the most severe DWI punishment, which is a jail term of up to three years and a fine up to $10,000. 

Legal BAC Limits 

It is illegal for drivers 21 years old and above to operate a vehicle in North Carolina with a blood alcohol concentration (BAC) of 0.8 percent or higher. The state also has a zero-tolerance policy, meaning drivers under 21 are legally drunk when their BAC reaches .01 or more. Commercial vehicle drivers are considered above the legal limit when their BAC is .04 or greater.

When a DWI Becomes a Felony in NC

Most DWI charges are treated as a misdemeanor, but there are two instances in which felony charges will apply instead. Felony DWIs are typically reserved for habitual offenders, such as those who have been arrested for drinking and driving four or more times within 10 years, and drivers accused of vehicular manslaughter while drunk driving. Either of these charges warrants immediate help from a DWI attorney.

Consequences of Multiple DWI Convictions

Getting a second DWI conviction in seven years or less will result in a one- to four-year license revocation, jail time, fines, attendance of an alcohol education class, and an interlock ignition device installed on your car. A third DWI in five years will result in permanent license revocation.

A drunk driving conviction can have long-lasting consequences—it’s in your best interest to seek counsel from a proven DWI attorney. Over the last two decades, Thomas W. Smothers, Attorney At Law has remained committed to advocating on behalf of clients who need a strong legal defense. He has handled countless DWI cases for residents in and around High Point, NC, earning an impressive track record of success. Call (336) 885-1240, or visit the DWI attorney online for more information on how he can help you reach a favorable outcome.