If you’ve been pulled over for suspicion of driving while impaired in North Carolina, your mind is likely spinning. “Am I going to lose my license? Will I go to jail? What happens next?”
DUI (Driving Under the Influence) and DWI (Driving While Impaired) laws in North Carolina are strict—and the penalties can follow you for years. But with the right information and guidance, you can face the charges head-on and protect your rights.
In this guide from the legal team at Martine Law, we break down everything you need to know if you’ve been charged with DUI/DWI in North Carolina—from arrest to license restoration.
DUI vs. DWI in North Carolina: What’s the Difference?
In many states, DUI and DWI are separate offenses. But in North Carolina, they’re treated the same under the law.
- The legal term is DWI (Driving While Impaired), which covers:
- Alcohol impairment
- Drug impairment (legal or illegal substances)
- A combination of alcohol and drugs
So whether you’re pulled over for blowing over the legal limit or for suspected drug use, you’re likely facing a DWI charge.
Legal BAC Limit in North Carolina
The legal blood alcohol concentration (BAC) limit depends on your age and license type:
| Driver Type | Legal Limit |
| 21 and over | 0.08% |
| Commercial drivers (CDL) | 0.04% |
| Under 21 (zero tolerance) | 0.00% |
If you blow 0.08% or higher—or refuse to take a chemical test—you can be arrested immediately for DWI.
The DWI Arrest Process in NC
Here’s what happens when you’re pulled over and suspected of impaired driving:
Step 1: Field Sobriety Tests
Officers may ask you to perform tests like:
- Walking in a straight line
- Standing on one leg
- Following a pen with your eyes
These are subjective and often unreliable—but failing can give police probable cause for arrest.
Step 2: Breathalyzer or Chemical Test
You’ll be asked to take a breath test or a chemical test (blood or urine). Refusing the test results in automatic license revocation under North Carolina’s Implied Consent Law.
Step 3: Arrest and Booking
If the officer believes you’re impaired:
- You’ll be arrested
- Your license may be revoked on the spot
- You’ll be taken to jail for processing
Penalties for DWI in North Carolina
North Carolina has one of the most complex DWI sentencing systems in the country. It uses five levels of punishment (Levels 1–5) based on the severity of your case and any aggravating factors.
| Level | Jail Time | Fine | Notes |
| Level 5 | 24 hours – 60 days | Up to $200 | First offense, no aggravating factors |
| Level 4 | 48 hours – 120 days | Up to $500 | Minor prior offenses or refusal |
| Level 3 | 72 hours – 6 months | Up to $1,000 | Prior offenses or aggravating behavior |
| Level 2 | 7 days – 12 months | Up to $2,000 | Two+ aggravating factors (e.g., child in car, high BAC) |
| Level 1 | 30 days – 24 months | Up to $4,000 | Child passenger, serious injury, or habitual offender |
Habitual DWI (3+ convictions in 10 years) is a felony and carries a minimum 12-month prison sentence under G.S. § 20-138.5.
License Suspension and Revocation
Driving privileges are affected even before you go to court.
Civil Revocation (Immediate)
- Refusing a breath test = 30-day civil revocation
- BAC of 0.08% or more = same 30-day revocation
You may be eligible for a limited driving privilege after 10 days.
Conviction-Based Suspension
| Offense | License Suspension |
| 1st | 1 year |
| 2nd | 4 years |
| 3rd | Permanent |
However, you may be eligible for conditional restoration if you meet certain requirements and install an Ignition Interlock Device (IID).
Ignition Interlock Device (IID) Requirements
For many DWI convictions—especially with BAC over 0.15%—you’ll be required to install an IID in your vehicle to regain driving privileges.
What It Means:
- You blow into the device before starting your car.
- You’re responsible for installation and monthly monitoring costs.
- Tampering with the device = additional criminal penalties.
When Can You Get a Limited Driving Privilege?
You may be eligible for a limited license if:
- This is your first offense.
- Your BAC was below 0.15%.
- You had a valid license at the time of arrest.
- You didn’t cause injury or property damage.
Limited privileges typically allow:
- Driving to/from work or school
- Medical appointments
- Court or treatment programs
Defending Against a DWI Charge in North Carolina
Just because you were arrested doesn’t mean you’ll be convicted. A skilled attorney can identify weaknesses in the case against you and work toward dismissal or reduced charges.
🔹 Common DWI Defenses:
- Unlawful Traffic Stop
Police must have reasonable suspicion to pull you over. If they can’t prove why you were stopped, any evidence from that stop may be thrown out. - Inaccurate Breathalyzer Results
Machines must be properly calibrated and operated by certified personnel. Faulty readings can occur due to:- Medical conditions
- Mouth alcohol (from mouthwash or recent drinking)
- Machine error
- Field Sobriety Test Flaws
These tests are subjective and often impacted by:- Fatigue or anxiety
- Poor lighting or uneven ground
- Medical or physical impairments
- Rising BAC Defense
Your BAC may have been under the legal limit while driving but increased afterward due to continued alcohol absorption. This is especially relevant when there’s a delay in testing. - No Proof of Impairment by Drugs
If your charge is drug-related, the prosecution must prove not only presence but impairment. Having a legal prescription isn’t enough for conviction without proof of actual impairment.
DWI for Drivers Under 21
North Carolina has a Zero Tolerance Law for underage drinking and driving. For drivers under 21, any detectable alcohol in your system is grounds for a DWI charge.
Consequences:
- Immediate license revocation
- Possible jail time
- Fines and community service
- Mandatory alcohol education
These cases can severely impact college admissions, job prospects, and even scholarships. Early legal representation is crucial.
DWI Involving Drugs (Legal or Illegal)
DWI charges are not limited to alcohol. You can also be charged if police believe you’re impaired by:
- Marijuana
- Prescription drugs (e.g., painkillers, anxiety meds)
- Illegal drugs (e.g., cocaine, meth)
Unlike alcohol, there’s no legal “limit” for drugs—so these cases rely heavily on officer observation and sometimes blood or urine tests. The good news? These tests are highly contestable, and results can be suppressed if improperly handled.
Long-Term Consequences of a DWI Conviction
Even a first-time DWI conviction in North Carolina can follow you long after you pay your fine or complete your sentence.
🚫 Auto Insurance Skyrockets
A conviction can double or triple your premiums—or result in policy cancellation altogether. You’ll also be required to carry SR-22 insurance (high-risk coverage), adding further costs.
🚫 Employment Issues
Many employers conduct background checks. A DWI conviction may:
- Disqualify you from commercial driving jobs
- Jeopardize professional licenses (healthcare, law, finance)
- Impact military or government careers
🚫 Immigration Problems
If you’re not a U.S. citizen, a DWI conviction can:
- Affect visa or green card renewal
- Make you ineligible for naturalization
- Lead to deportation if drugs or injuries are involved
🚫 Professional Licensing and Background Checks
Certain professions—especially those involving public safety or trust—can suspend or revoke licenses due to a DWI. This includes:
- Nurses, doctors, and pharmacists
- Lawyers
- Real estate agents
- Teachers and educators
Can a DWI Be Expunged in North Carolina?
Unfortunately, DWI convictions are NOT eligible for expungement under current North Carolina law—even for first-time offenses. Once convicted, the charge remains on your permanent criminal record.
However, your attorney may help:
- Reduce the charge to something eligible (e.g., reckless driving)
- Get pre-trial dismissal (which can be expunged)
Avoiding conviction is critical if you want to keep your record clean.
What Should You Do Immediately After a DWI Arrest?
- Do NOT plead guilty right away.
Even if the evidence seems strong, plead “Not Guilty” until you speak with a lawyer. - Request a hearing.
You have limited time to request a DMV hearing to contest license suspension. If you miss this window, you may lose driving privileges automatically. - Contact Martine Law immediately.
Time matters. The sooner we’re involved, the more options we have to protect your rights and negotiate favorable outcomes.
Real Case Example: When a Mistake Doesn’t Define You
Take James (name changed), a 34-year-old delivery driver from Charlotte. He was pulled over late at night after a long shift and blew a 0.09% BAC.
Here’s how Martine Law helped:
- We reviewed dashcam footage and found no clear reason for the stop.
- The breathalyzer was administered 45 minutes after arrest.
- We filed a motion to suppress the BAC evidence and challenged the stop’s legality.
Result? The judge ruled the stop unlawful. The case was dismissed—and James kept his job and CDL license.
Every case is different, but every detail matters. That’s where we come in.
FAQs: Quick Answers to Common DWI Questions
Q: What happens if I refuse the breathalyzer?
You’ll face a 1-year license revocation, even if you aren’t convicted. Refusal also makes you ineligible for limited driving privileges for a set period.
Q: Can I get my license back before my court date?
In some cases, yes. After a 10-day civil revocation, you may apply for a Limited Driving Privilege to get to work, school, or medical appointments.
Q: Can a DWI be reduced to reckless driving?
Possibly. An experienced attorney may negotiate a plea deal for “wet reckless”, especially if your BAC was just over 0.08% or the case has procedural flaws.
Q: How long does a DWI stay on my record in NC?
DWI convictions remain permanently on your criminal record and cannot be expunged.
Q: What’s the penalty for a second DWI in NC?
A second offense within 7 years results in a minimum 4-year license suspension, higher fines, and a mandatory jail sentence. It’s also likely you’ll be required to install an ignition interlock device.
Why Choose Martine Law for Your North Carolina DWI Case?
At Martine Law, we understand that a DWI charge doesn’t make you a criminal—it makes you human. Maybe you had one drink too many. Maybe the stop wasn’t fair. Maybe you’ve been misjudged.
We provide:
- Aggressive, personalized defense strategies
- English & Spanish-speaking representation
- Guidance through license restoration
- Honest advice and committed support
We’ve helped people just like you avoid jail, keep their license, and reclaim their future. Let us help you too.
📞 Schedule a free consultation now »