North Carolina DUI Laws
North Carolina DUI cases are very complex because many variables a considered when issuing penalties. In North Carolina, driving under the influence of drugs, alcohol or both is known as DUI or DWI. North Carolina DI is measured based on a Blood Alcohol Concentration or BAC of .08. North Carolina DWI also becomes more strict when Aggravating or Mitigating factor come into play.
The first North Carolina DUI offense results in 1 year mandatory license suspension, and alcohol abuse treatment.
The second North Carolina DWI offense results in 4 year license suspension if offense occurs within 3 years of the first. Additionally, an Ignition Interlock Device and alcohol abuse treatment is required.
The third North Carolina DUI offense results in a class F felony if the offense occurs within 10 years of the first, and 1 year in prison is required. The drivers license will be permanently revoked if the offense occurred within 5 years of the previous offense. Additionally, am Ignition Interlock Device is required for 7 years if restored use of vehicle is allowed, and vehicle repossession is possible.
The fourth North Carolina DUI offense results in a the same penalty as the third offense. Additionally, in both the third and fourth cases, substance abuse training is also required.
North Carolina DWI cases provide Aggravating factors that make the punishment for a DUI most punishable under law. These aggravating factors are representative on 4 levels. Implied Consent in North Carolina requires that every driver comply to a BAC testing through either blood, breath, or urine.
North Carolina DUI is only given if the driver does not refuse BAC testing. In refusal of testing the drivers license will be suspended for 30 days until the hearing, and possibly for a 1 year after.