North Carolina DUI Laws

North Carolina DUI Laws

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North Carolina DUI Laws
 
 
Quick Guide to North Carolina DUI Penalties 
 
 
NC DUI Laws
 
 
North Carolina DUI laws for minimum penalties may seem like some of the relaxed penalties around the U.S., but NC laws for drinking and driving are complex and can quickly become subject to heavier penalties.  If you are suspected of violating NC DUI Laws, you are encouraged to contact a criminal attorney who specializes in DWIs.  
 
 
Specific North Carolina DUI Laws
 
 
The majority of laws concerning a DWI are located in Chapter 20-138.1 through 20-139.1 of the NC Statutes.  General North Carolina DUI laws under 20-138.1 state that a person cannot drive on a highway, street, or any public area of the state if they qualify under any of the conditions below: 
 
 
while operating the vehicle while impaired by a substance
 
 
while having an alcohol concentration of 0.08% or more confirmed by a chemical analysis
 
 
with any amount of Schedule I controlled substance or any of its metabolites listed in 20-139.1(d) within blood or urine
 
 
Section (b1) of this same law states that anyone charged with violating NC DUI Laws can use a defense to claim the equipment was faulty during the test.  The state claims within section 20-139.1(b2) of North Carolina DUI laws that these pieces of equipment will fail and require specific kinds of maintenance to properly perform.  
 
 
For a complete list of NC DUI Laws, visit Chapter 20 of the statutes at the following link
 
 
Penalties for Violating NC DUI Laws
 
 
If you have been convicted of a DWI crime, you need to contact an attorney immediately.  North Carolina DUI laws allow judges to investigate aggravating and mitigating factors to either increase or decrease sentences.  Penalties and factor are listed below: 
 
 
First Offense
 
 
Minimum amount of jail: 24 hours for level 5 offender
 
Fines and penalties: $200 for level 5 offender 
 
License Suspension: 60 days to 1 year
 
IID: not required
 
 
Second Offense
 
Minimum amount of jail: at least 4 days
 
Fines and penalties: greatly varies depending on level of offender
 
License Suspension: 1 to 4 years if previous DWI was within 3 years
 
IID: required
 
 
Third Offense
 
Minimum amount of jail: 14 days to 2 years
 
Fines and penalties: greatly varies depending on level of offender
 
License Suspension: 1 year to permanently 
 
IID: required for 7 years if license is restored
 
 
Aggravating Factors
 
BAC of .15% or more
 
Reckless driving
 
Prior convictions
 
Speeding while trying to elude officers
 
Speed 30 mph over the limit
 
Passing a school bus 
 
 
Mitigating Factors
 
Slight impairment when test was not used
 
Safe driving record
 
BAC of .09% or less
 
Driving lawfully except for impairment
 
Impaired by prescription and legal dosage 
 
Voluntary submission to mental health facility
 
 
NC DUI Laws and Refusing a Chemical Test
 
 
According to North Carolina DUI laws, you license will be suspended for a year for your first offense if you refuse a chemical test.  However, if you refuse a chemical test, other penalties and fines may be reduced if the defense uses the refusal as means for a wet reckless .  
 
 

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