North Carolina DWI Laws and Penalties 2025 – All You Need to Know

If you or a loved one is facing criminal charges for driving while impaired, it’s important to familiarize yourself with North Carolina DWI laws and penalties. It’s also crucial that you take proactive action and seek experienced legal counsel as soon as possible. The team of skilled defense lawyers at The Shotwell Law Group PLLC is prepared to work hard to protect your rights and guide you through every step of the process.

Understanding DWI Laws in North Carolina

It is against state law to operate a motor vehicle while impaired by alcohol or other substances, such as illicit drugs or abused prescription medication. Drivers can be charged with driving while impaired (DWI) if they have blood alcohol content. There’s no difference between DUI (driving under the influence) and DWI in North Carolina. DWI is the legal term, but the words are effectively interchangeable.

If your blood alcohol content (BAC) is found to be 0.08 percent, the legal limit, or above, you can reasonably be charged with DWI. BAC is not the only factor taken into consideration. You may also be arrested if the officer believes you’re showing symptoms of intoxication after conducting field sobriety tests and general observation.

Wilmington has the second highest rate of DWI-related collisions, after Winston-Salem, in the state of North Carolina. In 2023, there were 3,765 total traffic crashes in Wilmington, and 171 of them were alcohol-related. Those 171 auto incidents involving alcohol caused 94 injuries.

DWIs in North Carolina are handled in the criminal courts as opposed to traffic court. The courthouse where your case may be handled can vary depending on your location and the location of the crime. The court for New Hanover County is at 316 Princess St. in Wilmington, NC 28401.

What Are the Legal Penalties for a DWI in NC?

The legal penalties you’re likely to face after an NC conviction of DWI can vary depending on the severity of the offense and other details of your case. Most DWIs are within one of five misdemeanor levels, but the crime may be treated as a felony in more serious circumstances. The judge considers all factors of the case, including when:

• You have a prior history of DWI convictions.
• The offender was driving with a suspended license.
• Your BAC result was 0.15 percent or more.
• The driver had minor children in the vehicle at the time of arrest.
• Another person was seriously harmed or killed in a traffic collision.

The legal penalties for a DWI conviction can include a minimum jail or prison sentence, a large fine, court costs, and suspension of your driver’s license. You may also be required to install an ignition interlock device into any vehicle you drive. The court may grant you a suspended sentence if you fulfill certain conditions, such as completing community service or a substance abuse assessment.

FAQs

What Are the Legal Penalties for DWI in North Carolina?

In North Carolina, the legal penalties for a DWI conviction typically entail a jail sentence, a fine, and other punishments deemed appropriate for the circumstances. Generally, it is the goal of the criminal court system to match the severity of your punishment to how serious the crime itself was. Factors that influence how severe a DWI charge is include your prior criminal history and whether you caused significant bodily harm or death of another person.

Is It Worth Fighting a DWI Charge in North Carolina?

Yes, it’s worth fighting a DWI charge in North Carolina. No matter your circumstances, you should make all efforts possible to fight the criminal charges against you effectively. If you have a prior history of DWI convictions, the potential penalties you face are much harsher than an initial offense. For a first-time DWI, you should try to avoid sustaining a criminal conviction on your permanent record, as this can make many aspects of your life difficult for the foreseeable future.

Can a DWI Charge Involve Prescribed Drugs in NC?

Yes, a DWI charge in North Carolina can be the result of a driver operating a vehicle while under the influence of prescription medication. This means that you may be arrested even if your blood alcohol content is within the legal limits if law enforcement believes you’re too impaired to drive safely. It is unlawful to drive while impaired by prescription medications that were fraudulently obtained or used in a manner other than how instructed by a medical professional.

How Long Does a DWI Stay on Your Record in NC?

In the state of North Carolina, a DWI conviction stays on your permanent criminal record indefinitely. Any subsequent arrests for impaired driving are treated more severely when you have a prior DWI conviction. Additionally, the conviction follows you for the foreseeable future within background checks, likely making career and living opportunities more difficult. That’s why it is especially crucial that you make all possible efforts to avoid sustaining a DWI conviction on your record.

Do I Need a Lawyer for a DWI Charge in NC?

While you may not be legally required to work with a criminal defense lawyer for a DWI charge in the state of North Carolina, it is strongly recommended that you consider doing so. Your strongest chance of reaching a successful outcome for your case is by working alongside a qualified and knowledgeable defense attorney. Your defense attorney is deeply familiar with criminal law and knows how to protect your rights, provide insightful counsel, and represent you in all legal proceedings.

Speak with a Qualified DWI Defense Lawyer Today

The Shotwell Law Group PLLC is well prepared and equipped to effectively handle your case with the care and attention it deserves. We have extensive practical experience representing clients facing first-time DWIs in addition to clients who were repeat offenders.

We also provide legal counsel for DMV hearings, driver’s license suspensions, and other traffic violations. Reach out to our team today to schedule an initial consultation with an experienced DWI defense attorney.