What to Know About DWI Charges in North Carolina
If you’ve been charged with driving while intoxicated (DWI) in North Carolina, you likely have a lot of questions about what this charge means and how it may impact your future. Below is an introduction to DWI and what you should know about how it could affect you.
Blood Alcohol Concentration
North Carolina often uses a person’s blood alcohol concentration (BAC) to determine if they are intoxicated while driving. Many people think that 0.08% is the legal BAC limit in the state, but this number is not the same for everyone. A BAC of 0.08% is the standard for people who are 21 or older, have no prior DWI convictions, and do not possess a commercial driver’s license. However, the following limits apply to people in other categories:
– 0.04% BAC for commercial drivers
– 0.04% BAC if convicted of a prior DWI
– BAC of any amount if you are under 21 years of age
Keep in mind that blood alcohol concentration is not the only factor. If you can be proven to be under the influence of alcohol, you can still be considered drunk driving from a legal perspective.
DUI vs. DWI
Many states use the abbreviation DUI, which stands for driving under the influence of alcohol. Some states have separate charges for DUI and DWI. North Carolina only has one DWI charge, although some people use the terms interchangeably. However, you may still be charged with DUI in North Carolina if you are on federal land, such as a national park or military base.
North Carolina Open Container Laws
You can be charged with a crime just for having a container of alcohol in your vehicle. State open container laws state that you cannot have alcohol in your vehicle if the seal on the container is broken, suggesting that it has been opened. Commercial drivers are prohibited from having alcohol in their vehicles, whether the container is open or closed.
DWI License Revocation
Revocation of your license is a common civil punishment for drunk driving. Even simply being charged with DWI can result in a 30-day civil revocation in North Carolina.
Repeat DWI Offenders
Habitual drunk driving can lead to serious criminal charges in North Carolina. Three or more DWI convictions within a 10-year period can lead to felony charges and a minimum of 12 months in prison. If you are charged as a habitual offender in this manner, your license will also be permanently revoked.
Clark Jones Author
G. Clark Jones, CEO of Ley Law, has built a distinguished career in Criminal Defense and Family Law across Eastern North Carolina, known for his dedication to clients and his commitment to achieving justice. Graduating Magna Cum Laude with a Bachelor of Science in Family Community Services from East Carolina University in December 2016, Clark pursued his Juris Doctor degree at J. Reuben Clark Law School, Brigham Young University, completing it in December 2019.
