Driving under the influence (DUI) or driving while impaired (DWI) is a serious offense in North Carolina. The state has stringent laws and penalties to deter impaired driving and ensure public safety. This article provides a comprehensive overview of DUI laws in North Carolina, including definitions, penalties, legal processes, and relevant statutes.
Definition of DUI and DWI in North Carolina
DUI vs. DWI
In North Carolina, the terms DUI (Driving Under the Influence) and DWI (Driving While Impaired) are often used interchangeably. However, the state primarily uses the term DWI. According to North Carolina General Statutes § 20-138.1, a person commits the offense of impaired driving if they drive any vehicle upon any highway, street, or public vehicular area within the state:
- While under the influence of an impairing substance (e.g., alcohol, drugs, or a combination of both).
- After having consumed sufficient alcohol that the person has, at any relevant time after the driving, an alcohol concentration of 0.08% or more.
- With any amount of a Schedule I controlled substance or its metabolites in their blood or urine.
Blood Alcohol Concentration (BAC) Limits
North Carolina sets specific BAC limits to determine impairment:
- 0.08% for drivers aged 21 and over.
- 0.04% for commercial vehicle drivers.
- 0.00% for drivers under the age of 21 (zero-tolerance policy).
Penalties for DWI in North Carolina
Levels of DWI Sentencing
North Carolina classifies DWI offenses into five levels, with Level I being the most severe and Level V the least. The classification depends on the presence of aggravating, grossly aggravating, and mitigating factors.
Level V
- Penalties: A fine of up to $200 and a jail sentence of 24 hours to 60 days.
- Mitigation: The court may suspend the sentence if the offender completes 24 hours of community service, does not operate a vehicle for 30 days, or complies with any combination of these conditions.
Level IV
- Penalties: A fine of up to $500 and a jail sentence of 48 hours to 120 days.
- Mitigation: The court may suspend the sentence if the offender completes 48 hours of community service, does not operate a vehicle for 60 days, or complies with any combination of these conditions.
Level III
- Penalties: A fine of up to $1,000 and a jail sentence of 72 hours to six months.
- Mitigation: The court may suspend the sentence if the offender completes 72 hours of community service, does not operate a vehicle for 90 days, or complies with any combination of these conditions.
Level II
- Penalties: A fine of up to $2,000 and a jail sentence of seven days to one year.
- Mitigation: The court may not suspend the minimum sentence.
Level I
- Penalties: A fine of up to $4,000 and a jail sentence of 30 days to two years.
- Mitigation: The court may not suspend the minimum sentence.
Aggravating and Mitigating Factors
Grossly Aggravating Factors
- Prior DWI conviction within seven years.
- Driving with a revoked license due to a prior DWI.
- Causing serious injury to another person.
- Driving with a child under 18 years old in the vehicle.
Aggravating Factors
- Gross impairment with a BAC of 0.15% or more.
- Reckless or dangerous driving.
- Negligent driving leading to a reportable accident.
- Driving with a revoked license.
- Speeding excessively.
- Passing a stopped school bus.
- Any other factor that increases the seriousness of the offense.
Mitigating Factors
- Slight impairment with a BAC of 0.09% or less.
- Safe and lawful driving at the time of the offense.
- A safe driving record.
- Impairment caused by a legally prescribed drug.
- Voluntary submission to a mental health facility for assessment.
Legal Process for DWI in North Carolina
Arrest and Chemical Testing
When a law enforcement officer suspects a driver of impairment, they may conduct field sobriety tests and request a chemical test (breath, blood, or urine) to determine the driver's BAC. North Carolina's implied consent law (N.C. Gen. Stat. § 20-16.2) mandates that drivers must submit to chemical testing if lawfully arrested for DWI. Refusal to submit to testing can result in an immediate 30-day license revocation and an additional one-year revocation after a hearing.
Pre-Trial Procedures
Initial Appearance
After arrest, the defendant will have an initial appearance before a magistrate or judge, who will set conditions for release, such as bail or bond.
Administrative License Revocation
If the chemical test indicates a BAC of 0.08% or higher, or if the driver refuses testing, the Division of Motor Vehicles (DMV) will automatically revoke the driver's license for 30 days. The driver may request a limited driving privilege after 10 days.
Trial
Arraignment
The defendant will be formally charged and can enter a plea of guilty, not guilty, or no contest.
Pre-Trial Motions
Both the defense and prosecution may file motions to suppress evidence, dismiss charges, or request other rulings from the court.
Trial Proceedings
The trial may be held before a judge or jury. The prosecution must prove beyond a reasonable doubt that the defendant was impaired while driving. The defense can present evidence and cross-examine witnesses.
Sentencing
If found guilty, the court will determine the appropriate level of punishment based on the presence of aggravating, grossly aggravating, and mitigating factors.
Post-Conviction Consequences
License Revocation and Reinstatement
A DWI conviction results in a mandatory license revocation. The duration depends on the number of prior offenses:
- First Offense: One-year revocation.
- Second Offense: Four-year revocation if the prior offense occurred within three years.
- Third Offense: Permanent revocation.
Drivers may apply for a limited driving privilege during the revocation period, allowing them to drive for essential purposes such as work, school, or medical appointments.
Alcohol and Drug Education
Convicted drivers must complete an alcohol and drug education program or treatment as a condition for license reinstatement. The North Carolina Department of Health and Human Services (NCDHHS) oversees these programs.
Ignition Interlock Device
For certain offenders, the court may require the installation of an ignition interlock device (IID) on the driver's vehicle. This device prevents the vehicle from starting if it detects alcohol on the driver's breath. The IID requirement applies to:
- Drivers with a BAC of 0.15% or higher.
- Repeat offenders.
Special Considerations
Underage DWI
North Carolina has a zero-tolerance policy for underage drinking and driving. Drivers under the age of 21 with any detectable amount of alcohol in their system can be charged with DWI. Penalties for underage DWI include:
- License Suspension: One year.
- Fines: Up to $500.
- Mandatory Alcohol Education and Treatment Programs.
- Possible Community Service.
Commercial Drivers
Commercial drivers are held to a higher standard due to the nature of their work. A BAC of 0.04% or higher can result in a DWI charge for commercial drivers. Penalties include:
- Disqualification from Operating a Commercial Vehicle for One Year.
- Fines and Jail Time based on the BAC level.
- Possible Permanent Disqualification for Repeat Offenders.
Habitual Impaired Driving
Habitual impaired driving is a felony offense in North Carolina, applicable to individuals with three or more prior DWI convictions within 10 years. Penalties include:
- Permanent License Revocation.
- Substantial Fines.
- Extended Prison Sentences.
Relevant Statutes and Resources
North Carolina General Statutes
- § 20-138.1. Impaired driving
- § 20-16.2. Implied consent to chemical analysis
- § 20-179. Sentencing hearing after conviction for impaired driving; determination of grossly aggravating and aggravating and mitigating factors; punishments
Government Resources
- North Carolina Department of Health and Human Services (NCDHHS) - DWI Statutes
- North Carolina Division of Motor Vehicles (DMV)
Conclusion
North Carolina's DUI laws are designed to promote road safety and deter impaired driving. Understanding the definitions, penalties, legal processes, and relevant statutes is crucial for drivers in the state. By adhering to these laws and making informed decisions, drivers can contribute to a safer driving environment for everyone.
For more information, visit the official websites of the North Carolina General Assembly and the North Carolina DMV.
