North Carolina DWI Laws

Drunk driving is a serious offense in Charlotte, NC. Due to public pressure, North Carolina’s DWI (driving while intoxicated) laws get tougher each year. If you have recently been charged with drinking and driving, it is important to hire a defense attorney who keeps current on the newest drunk-driving laws and defense strategies.

In North Carolina, there are two different drunk-driving offenses with which a person may be charged: traditional driving while impaired violation and/or “per se” violation. It is common for drivers who are arrested for DWI to face both charges.

To prove a traditional driving while intoxicated case, the prosecutor must show “appreciable impairment” while operating a motor vehicle. This means that even if the driver’s blood alcohol content (BAC) was under the legal limit, his or her driving abilities were adversely affected by alcohol. Typically, the arresting officer will be called to testify about the defendant’s physical appearance, driving patterns, and performance on the standardized field sobriety tests.

The “per se” offense is based on the driver’s BAC at the time of arrest. In North Carolina, as well as the rest of the nation, the legal limit for drivers over the age of 21 is 0.08 percent. This means even if your driving abilities were not impaired, or you did not act drunk, you will be charged with DWI.

In recent years, there have been several changes to North Carolina’s DWI laws. For example, the open container law now states that people in a motor vehicle may not have open beer or wine containers while in a public area.

The ignition interlock device requirements have also changed. A driver with a BAC of 0.16 percent or higher must have an ignition interlock device installed in his or her vehicle before the driver’s license may be restored. Additionally, the driver must have the device installed in every vehicle in his or her name, not just the primary vehicle.

North Carolina has a tiered sentencing structure. This means that the drunk-driving convictions in this state fall into one of five levels, which are determined by different circumstances. Prior convictions, accidents, and BAC level affect the level at which you will be sentenced. Even for a first offense, a driver may be sentenced to time in jail, fines, and a lengthy driver’s license suspension.

If you are in need of a Charlotte DWI defense lawyer, submit a free online case evaluation form today. A local attorney will go over your case with you and discuss your options.

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