DUI Laws & Penalties in North Carolina
The imposition of penalties for a DWI (Driving While Impaired) in North Carolina a bit more “specialized” as compared to the rest of the states. While there are basic penalties for each offense, these penalties change depending on the factors present during the arrest.
Basic:
First Offense
- 1 year mandatory suspension of license
- complete treatment/assessment for drugs or alcohol abuse
Second Offense
- 4 years mandatory suspension of license (if arrest happens less than 3 years of the previous one)
- use of Ignition Interlock Device (IID) for license reinstatement after suspension
- complete treatment/assessment for drugs or alcohol abuse
Third Offense – CLASS F FELONY
- 1 year minimum mandatory jail term
- suspension of license (or permanent revocation if arrest happens in less than 5 years of the previous one)
- use of IID for 7 years if driving permit is reinstated
- possibility of the vehicle being held
- complete treatment/assessment for drugs or alcohol abuse
Fourth Offense – CLASS F FELONY
- 1 year minimum mandatory jail term
- suspension of license (or permanent revocation if arrest happens in less than 7 years of the previous one)
- use of IID for 7 years if driving permit is reinstated
- possibility of the vehicle being held
- complete treatment/assessment for drugs or alcohol abuse
Jail terms and fines for each offense change depending on the grossly aggravating factors present during the arrest. Presence of these factors affect the “level” of punishment being imposed (level 1 being more severe). At least 2 of these factors present during the arrest carry a Level 1 punishment. 1 aggravating factor present during the arrest carries a Level 2 punishment.
Grossly aggravating factors include any of the following;
- DWI conviction while license is suspended for a previous DWI sentence
- Previous conviction within 7 years of the last one
- Having injured someone while service DWI sentence
- Accompanied in the vehicle by someone below 16 years old while DWI sentence is on-going
Level 2
- from 7 days to 12 months jail term
- $2000 maximum fine
Level 1
- from 1 month to 2 years jail term
- $4000 maximum fine
Leveling of punishments does not end at level 2 being the less severe. Levels 3, 4 and 5 are also used. A judge may consider these other 2 factors (aggravating and mitigating) in deciding which (less severe) level of punishment is going to be applied.
Aggravating
- previous DWI conviction
- no driving license
- accident / reckless driving
- over-speeding to avoid patrol officers
- over-speeding over the legal limit
- illegally passing a school bus
- BAC level of at least .15
Mitigating
- safe driving record
- voluntarily undergoing an assessment at a mental health center/clinic
- slightly impaired (no test is available)
- BAC level of less than .09
- Lawful driving during an offense
- Impaired by dosage of prescribed medication
When you are read your Miranda Rights excersise them if you are not to intoxicated and ask for a lawyer and shut up if you want a chance at a good DUI Defense.
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This is not legal advise. We are not lawyers. If you have a question take it to a licensed attorney.