DWI offenses and penalties in North Carolina

When counting DWI offenses, North Carolina considers your driving record from every state you have driven in. Whether the earlier DWI was in North Carolina or another state, the court and the DWI assessment agency will take it into account. If you get a DWI in another state and another in North Carolina within 3 years, the NC DWI is treated as a second offense.

The laws described here change from time to time. Always check with your attorney for the latest information.

License revocation by offense

First offense

If you have no prior DWI convictions in the last 3 years, you lose your license for 1 year. The 3 years are counted from one DWI arrest date to the next, not between conviction dates or the dates your license was revoked.

Second offense

Two DWI charges within 3 years result in a second-offense DWI, if the first resulted in a conviction. You lose your North Carolina license for 4 years. You may be able to have a hearing with the NC DMV to restore your license after 2 years, if you have completed a DWI substance abuse program and made significant changes in your lifestyle. Witnesses will have to verify those changes at the DMV hearing.

Third offense

Three DWI offenses within 10 years, with the last two within 5 years, result in permanent loss of your license. After 5 years, you can ask the NC Division of Motor Vehicles for a hearing to reinstate it.

Habitual impaired driving

A third DWI conviction within 10 years results in a conviction for Habitual Impaired Driving. This is a felony with a minimum prison sentence of 1 year, which can’t be suspended or shortened for any reason. Loss of your license is lifetime and can never be reinstated, and the NC DMV allows no appeals.

How the judge sets the level of punishment

If you are convicted of DWI, the judge hears from the police officer, the District Attorney and your attorney, then decides on one of five levels of punishment. Level 1 is the most severe and Level 5 the least. Levels 1 and 2 mean active jail time, ranging from 1 or 2 weeks up to 2 years for a Level 1 DWI or a habitual offense.

The judge decides the level by weighing three kinds of factors: grossly aggravating factors, aggravating factors and mitigating factors.

Grossly aggravating factors

These are the most serious conditions of a DWI arrest.

1. A prior conviction for an offense involving impaired driving (DWI or DUI), if:

   1. the conviction occurred within 7 years before the date of the offense being sentenced, or
   2. the conviction occurs after the date of the offense being sentenced, before or at the same time as the current sentencing.

   Each prior conviction counts as a separate grossly aggravating factor.

2. Driving while your license was revoked under G.S. 20-28, where the revocation was an impaired-driving revocation under G.S. 20-28.2(a).

3. Serious injury to another person caused by your impaired driving.

4. Driving with a child under 16 in the vehicle at the time of the offense.

Aggravating factors

These increase the seriousness of the offense but aren’t as serious as the factors above.

1. Gross impairment while driving, or an alcohol concentration of 0.16 or more within a relevant time after driving.
2. Especially reckless or dangerous driving.
3. Negligent driving that led to a reportable accident.
4. Driving while your license was revoked.
5. Two or more prior convictions within 5 years for a motor vehicle offense not involving impaired driving, for which at least 3 points are assigned under G.S. 20-16 or for which your license is subject to revocation; or one or more prior impaired-driving convictions more than 7 years before the offense being sentenced.
6. A conviction under G.S. 20-141.5 for speeding while fleeing or attempting to elude arrest.
7. A conviction under G.S. 20-141 for speeding at least 30 mph over the legal limit.
8. Passing a stopped North Carolina school bus in violation of G.S. 20-217.
9. Any other factor that aggravates the seriousness of the offense.

Mitigating factors

These are in your favor. They are always considered and can lessen the level of punishment.

1. Slight impairment resulting solely from alcohol, with an alcohol concentration that did not exceed 0.09 at any relevant time after driving.
2. Slight impairment resulting solely from alcohol, with no chemical analysis available to you at the time of the charge.
3. Driving that was safe and lawful apart from the impairment.
4. A safe driving record: no conviction within 5 years for any motor vehicle offense carrying at least 4 points under G.S. 20-16, or for which your license is subject to revocation.
5. Impairment caused mainly by a lawfully prescribed drug for an existing medical condition, taken within the prescribed dosage. Many people don’t know they can be charged with and convicted of DWI for taking prescribed medication as prescribed, and in some ways it is just as serious as a DWI for alcohol or street drugs.
6. Voluntarily getting a DWI alcohol and drug assessment at a mental health facility after being charged, and, if the facility recommended it, voluntarily taking part in the recommended treatment.

A DWI assessment is a meeting with a substance abuse counselor to find out whether an alcohol or drug problem exists. It has two parts: a clinical interview and a standardized substance abuse test approved by NC DWI Services. See NC DWI assessment for more about the assessment, education (ADETS) and treatment.

The five levels of punishment

1. Level 1 is imposed if the judge finds 2 grossly aggravating factors. It carries a fine of up to $4,000 and a jail sentence of 30 days to 24 months. The judge cannot suspend the minimum sentence, and there is no parole. Aggravated Level 1 carries 12 to 36 months and a fine of up to $10,000, with no parole.
2. Level 2 is imposed if the judge finds 1 grossly aggravating factor. It carries a fine of up to $2,000 and a jail sentence of 7 days to 1 year. The judge cannot suspend the minimum sentence.
3. Level 3 is imposed when there are no grossly aggravating factors and the aggravating and mitigating factors balance out. It carries a fine of up to $1,000 and a jail sentence of 72 hours to 6 months, which the judge can suspend.
4. Level 4 is imposed when the mitigating factors outweigh the aggravating factors. It carries a fine of up to $500 and a jail sentence of 48 hours to 120 days, which the judge can suspend.
5. Level 5 is imposed when there are only mitigating factors. It carries a fine of up to $200 and a jail sentence of 24 hours to 60 days, which the judge can suspend.

Every level of DWI conviction in North Carolina includes revocation of your license for at least 1 year from the conviction date. For Levels 3 to 5, the court often suspends the jail sentence if you agree to complete community service, get a DWI assessment, complete the level of treatment it requires, and pay all fines, fees and court costs.

Completed your program but can’t get your license back?

The most common reason is that the assessing agency hasn’t been told your conviction date. Agencies have no way of knowing when a case is resolved, and we can’t complete the 508 form the state needs to restore your license until you tell us. Please let us know as soon as your case is resolved.