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What to Know About DWI Charges in North Carolina
If you have been charged with driving while intoxicated (DWI) in North Carolina, you likely have many questions about what this charge means and how it may affect your future. Below is an introduction to DWI and what you should know about how it could impact you.
Blood Alcohol Concentration
North Carolina often uses a person’s blood alcohol concentration (BAC) to determine if they are impaired when driving. Many people think that 0.08% is the legal limit for BAC 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 years old or older, with no prior DWI convictions and who do not hold a commercial driver\’s license.[1] However, the below limits apply to people in other categories:
- BAC of 0.04% for commercial drivers
- BAC of 0.04% if convicted of a prior DWI
- BAC of any amount if under 21 years old
Keep in mind that blood alcohol concentration is not the only factor. If you are provably impaired, you may still be considered to be driving while intoxicated from a legal perspective.
DUI v. DWI
Many states use the abbreviation DUI, which stands for driving under the influence. Some states have separate charges for a DUI and DWI. North Carolina only has a DWI charge, even though some people use the terms interchangeably. However, you may still be charged with a DUI in North Carolina if you are on federal land, such as a national park or military base.
North Carolina Open Container Laws
You may be charged with a crime just for having a container of alcohol in your vehicle. The state’s open container laws state that you may not have alcohol in your vehicle if the seal of the container is broken, suggesting it has been opened. Commercial drivers are prohibited from having alcohol in their vehicles, whether the container is open or closed.
License Revocation for DWI
Having your license revoked is a common civil punishment for driving while intoxicated. Even just being charged with a DWI can lead to a 30-day civil revocation in North Carolina.
Repeat DWI Offenders
Habitual impaired 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.[2] If you are charged as a habitual offender in this way, you will also have your license revoked permanently.
[1] DMV. https://www.dmv.org/nc-north-carolina/automotive-law/dui.php
[2] NC General Statutes §20-138.5. https://www.ncleg.net/EnactedLegislation/Statutes/HTML/BySection/Chapter_20/GS_20-138.5.html#:~:text=Under%20North%20Carolina,of%20this%20offense.
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.
