North Carolina DUI Laws
DUI laws in North Carolina are very complicated and penalties assessed are based on a variety of factors. ”Grossly Aggravating Factors,” include; prior dwi conviction within 7 years, dwi with a suspended license from previous dwi, causing serious injury to another person while dwi, or having a passenger under 16 in the vehicle at time of dwi.
If there are no Grossly Aggravating Factors, “Aggravating” and “Mitigating” factors will be weighed. Aggravating factors include; BAC .15% or greater, reckless driving, causing an accident, driving with a revoked license, prior dwi convictions, attempting to elude arresting officers, exceeding the speed limit by 30 mph, and passing a school bus illegally.
Mitigating factors include; Slight impairment while test was unavailable, safe driving record, BAC under .09%, Driving within the laws, besides impairment, at time of arrest, impaired by prescribed dosage of legal medicine, and voluntary submission to mental health facility for assessment.
Based on all of these factors the court will assign you a punishment level from 1 to 5, 1 being the harshest level of penalties. Those having two or more grossly aggravating factors will be assessed as Level One. One grossly aggravating factor will be Level Two. If no grossly aggravating factors exist, and the aggravating factors outweigh the mitigating ones, Level Three will be given. If no grossly aggravating factors exist, and the aggravating and mitigating factors do not exist or balance each other out, Level Four will be given. If no grossly aggravating factors exist, and the mitigating factors outweigh the aggravating factors, Level Five will be given.
Level One Punishment results in up to a $4,000 fine and a jail term of 30 days to 24 months.
Level Two Punishment results in up to a $2,000 fine and a jail term of 7 days to 12 months.
Level Three Punishment results in up to a $500 fine and jail term/community service for 72 hours.
Level Four Punishment results in up to a $500 fine and jail term/community service for 48 hours.
Level Five Punishment results in up to a $200 fine and jail term/community service for 24 hours.
North Carolina DUI Laws – 1st Offense
First offense results in a 6 month to 1 year license suspension, required substance abuse assessment and treatment plus fines and jail determined by Punishment Level.
North Carolina DUI Laws – 2nd Offense
Second offense results in a mandatory 1 year license suspension, or 4 years if previous dwi was within 3 years, required substance abuse assessment and treatment, and an Ignition Interlock device. Additional penalties determined by Punishment Level.
North Carolina DUI Laws – 3rd Offense
Third offense is considered a Class F Felony if within 10 years of previous offenses. Results in a mandatory permanent license suspension if last previous (second offense) was within 5 years, 2 year suspension otherwise. Minimum 1 year jail term. Substance abuse assessment and treatment will be required, as well as an Ignition Interlock device for 7 years if license is restored. The court may also order vehicle forfeiture. Additional penalties determined by Punishment Level.
North Carolina DUI Laws – 4th Offense
Fourth offense is considered a Class F Felony if within 10 years of previous offenses. Results in a mandatory permanent license suspension if previous 3 offenses were within 7 years. Minimum 1 year jail term. Substance abuse assessment and treatment will be required, as well as an Ignition Interlock device for 7 years if license is restored. The court may also order vehicle forfeiture. Additional penalties determined by Punishment Level.
North Carolina DUI Laws – Implied Consent Laws
Anyone driving a vehicle in North Carolina has given implied consent to submit to a BAC test. Refusal of BAC test results in an automatic suspension of license for at least 1 year with a restricted license available after 6 months.
North Carolina DUI Laws – “Per se” BAC Level
The per se BAC level in North Carolina is .08% meaning anyone driving a vehicle with a BAC of .o8% or over can be charged with dui regardless of driving performance.
North Carolina DUI Laws – “Zero Tolerance” BAC Level
The zero tolerance BAC level in North Carolina is .o2%. Anyone under the age of 21 driving with a BAC of .02% or greater can be charged with DUI.
North Carolina DUI Laws – “Enhanced Penalty” BAC Level
There are enhanced penalties in North Carolina that translate to harsher penalties. These are discussed above. A BAC level over .15% will result in harsher penalties.
