State Laws - North Carolina
|Situation||Imprisonment||License Suspension||Refusing BAC Test from Police||Fines||Ignition Interlock Device Required|
|1st Offense||24 hours (for a level 5 offender; however, if 3 aggravated factors are present -- Level 1A -- minimum of 12 months)||30 days to 1 year||1 year license suspension||$200 (for a level 5 offender)||Required (BAC of 0.15% or higher)|
|2nd Offense||4 days in jail (if 3 aggravated factors are present -- Level 1A -- minimum of 12 months)||1 to 4 years (if previous DWI was within 3 years)||No statutory provision||Ranges depending on level||Required|
|3rd Offense||14-30 days in jail (up to 2 years, if 3 aggravated factors are present -- Level 1A -- minimum of 12 months)||1 year to permanent (if the last previous offense was within 5 years)||No statutory provision||Ranges depending on level||If license restored, required for 7 years|
|Under 21||Zero Tolerance|
|21 or older||BAC of 0.08% or higher|
|Commercial||BAC of 0.04% or higher|
* License suspension is one of the consequences of a DWI offense in North Carolina. To restate driving privileges, one may need to:
- Pay all fines starting at $200.
- Serve a license suspension and revocation period .
- Serve jail time from 24 hours to 36 months depending on the number of previous DWI offenses.
- Complete community service hours if applicable .
- Completion of a substance abuse assessment is required if placed on probation. There are fees associated with this assessment. Additionally, you may be required to attend an ADETS educational course and alcohol treatment program.
- Be under alcohol abstinence monitoring (for aggravated level 1 only).
- Install an ignition interlock device from a state approved vendor.
- Pay license restoration fees.
* Note the following information only applies for drivers over the age of 21.
For more information, please contact the North Carolina Division of Motor Vehicles.