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North Carolina

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DWI Laws

 North Carolina Driving Laws
DWI laws in North Carolina:
  • Prohibit drivers from consuming any alcoholic beverage, including beer, while driving;
  • Allow enforcement agencies to set up road blocks to check for impaired drivers;
  • Prohibit the transport of an open container of any alcoholic beverage if the driver is consuming alcohol or if alcohol is in the driver's body;
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  •  Prohibit the possession of alcoholic beverages (open or closed) in the passenger area of a commercial motor vehicle while upon any highway, street or public vehicular area;
  • Provide for different levels of severity of punishment based on the severity of the offense;
  • Require persons who are convicted of DWI for the second time to serve a jail sentence;
  • Attempt to punish DWI offenders, but also try to help them deal with problems they may have with alcohol;
  • Require that repeat DWI offenders or persons with high blood/alcohol contents (BACs) be checked to see if they might have an alcohol problem;
  • Require persons with lower BACs to attend alcohol safety schools; and
  • Require anyone convicted of DWI to obtain a substance abuse assessment prior to the reinstatement of driving privileges.
  • If you are convicted of DWI while your license is revoked for an earlier DWI conviction, the court may order your vehicle seized and sold.

First Conviction:

  • Mandatory revocation of your driver license for a period of one year.
  • Minimum Punishment - Fine up to $100 and not less than 24 hours imprisonment; 24 hours of community service; 30 days without a limited driving privilege or any combination of these.
  • Maximum Punishment - Fine up to $2,000 and not less than 14 days or more than 24 months imprisonment.

Second Conviction

  • Mandatory driver license revocation for a period of four years if convicted within three years of first offense.
  • Minimum Punishment - Fine up to $1,000 and not less than seven days or more than 12 months imprisonment.
  • Maximum Punishment - (same as for first conviction) A limited driving privilege will not be issued if the second offense occurs within seven years of the first conviction.

Third Conviction

  • Mandatory, permanent driver license revocation if at least one of the prior convictions occurred within past five years.
  • Minimum/Maximum Punishment - Fine up to $2,000 and not less than 14 days or more than 24 months imprisonment.

Fourth Conviction

  • Mandatory permanent driver license revocation. The fourth conviction is considered a felony if the three prior DWI convictions occurred within the past seven years.
  • Minimum Punishment - One year imprisonment.
  • Maximum Punishment - Three years imprisonment and a fine.
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