What happens if you get a DWI in North Carolina

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

The traffic stop

A police officer can stop your car at a license checkpoint, or if the officer notices you doing something “suspicious.” The law says an officer must “encounter you during the lawful course of his duties,” which leaves a wide range of ways for an officer to lawfully encounter a driver. That doesn’t mean your attorney can’t challenge the reason you were stopped.

The officer may ask you to perform standardized field sobriety tests or blow into a handheld breathalyzer. Neither is required by law. However, if you are not impaired, taking part could help you avoid being charged by showing that you are not impaired. If you choose not to take the tests, be as respectful to the officer as possible in refusing, and at every other point during the arrest. Being disrespectful in any way could cause problems for you in court.

Arrest and the breath test

If the officer has reasonable suspicion that you are driving while impaired, you will be arrested and taken to the police station. There you will be asked to blow into the breathalyzer. If you refuse, you will be charged with “refusal to submit to chemical analysis” and will probably be charged with DWI as well. The refusal will be used as evidence of impairment in court.

You can request a blood test, but a qualified medical professional has to draw the blood within a short time, usually no more than about 40 minutes, and the police won’t usually take you to the hospital at your request. The police can require a blood test for their own purposes, for instance if you appear impaired but the breathalyzer reading seems too low for the impairment observed, or if you are unconscious.

Every driver who registers .08 or higher will likely be charged with and arrested for DWI. After the charges are filed and the breath or blood test is complete, you will be taken to the magistrate, who decides whether you go home or to jail, based on the seriousness of the offense and the officer’s view of whether you are likely to get into further trouble. Often all you need is someone to pick you up and drive you home. Many people have been released on their own recognizance only to be back in trouble within hours, and there are many cases of drivers returning to their cars and being arrested again the same day.

You can also be charged with DWI with a breathalyzer reading below .08. If the officer is convinced you are impaired, you can still be charged, and the officer will need other evidence in court. People are convicted of DWI after using marijuana, cocaine, pills or other mood-altering substances, and drivers are often charged after taking prescribed medication, even when taking it exactly as prescribed.

Civil revocation and the 10-day privilege

When you are arrested for DWI, your license is revoked for 30 days on a first offense. This “civil revocation” applies to everyone arrested for DWI.

You can get a driving privilege 10 days after the arrest if you get a DWI substance abuse assessment and comply with its outcome. If you don’t get an assessment, you can pick up your license at the clerk of court’s office after 30 days by paying a $75 restoration fee. The license is then valid until the case is resolved in court.

Refusing the breath test

Refusing to blow into the breathalyzer or give a breath or blood sample is often not a good idea. A refusal at the station means you automatically lose your license for 1 year, even if you are found not guilty of DWI. If you are found guilty of both DWI and refusal, you can technically lose your license for at least 2 years, 1 year for the refusal and 1 year for the conviction, though a 2-year revocation doesn’t often happen on a first offense. The revocation is ordered by the NC Division of Motor Vehicles, not by the court or the judge.

If you refused chemical analysis, you can’t apply for a Limited Driving Privilege until you have had a DWI assessment and completed the entire recommended level of treatment. After that, you must wait 6 months from the date of revocation before you can apply. This applies only to people who refused the breathalyzer or blood test.

High BAC and the ignition interlock

If a first offender registers a BAC (blood or breath alcohol concentration) of .15 or higher, they must install an ignition interlock device. It must stay on the car for at least 12 months. Anyone convicted of more than one DWI must also install the device, for a period set by the court or the DMV of up to 4 years or more.

With a reading of .16 or more, you may also be put on probation as part of your sentence, even on a first offense. On a second or third offense you will most likely receive probation whatever your reading. Unsupervised probation means you don’t have to check in with a probation officer. Supervised probation means you check in with your probation officer, keep them informed of your whereabouts, pay a monthly fee and possibly submit to regular urine drug and alcohol screens.

Your court date

The magistrate sets your trial date at the time of the arrest, usually 4 to 6 weeks later. Your attorney may postpone the trial to give you more time, or to appear before a judge or prosecutor they are more comfortable with.

It is an advantage to get a DWI assessment and begin the required level of treatment before you go to court. It is a mitigating factor that could lessen the level of punishment and possibly help you avoid probation or jail time.

Classes and treatment after a conviction

Everyone convicted of DWI in North Carolina must have a DWI assessment and complete the recommended treatment or ADETS before their license can be restored. Neither the judge nor anyone else can excuse a convicted offender from this requirement, even if it isn’t mentioned in court.

If it is your first DWI arrest in your lifetime, your BAC was .14 or less, and there was no accident with personal injury or more than $500 in property damage, you might qualify for ADETS (Alcohol and Drug Education Traffic School). It is the shortest (16 hours) and lowest-cost ($160) level the assessment can require.

If you have more than one offense in your lifetime, you will be required to attend at least the 20/30-hour, 40/60-hour or 90-hour group, depending on the outcome of the assessment. The criteria are set by state law, not by the person giving the assessment. Each DWI conviction needs its own assessment and its own 508 form, even if the arrests were on the same day. One treatment episode can cover more than one assessment if you tell the assessor about all outstanding charges.

Every NC DWI assessment costs $100; all agencies are required to charge $100. State law lets you choose any DWI agency you like, and courts cannot require you to use a specific one. Fees for treatment programs vary by provider. Dharma Counseling Service is licensed for the 20/30-hour, 40/60-hour and 90-hour programs, and our fees are reasonable and competitive.

The Limited Driving Privilege

At court, the judge may issue a Limited Driving Privilege (LDP). It isn’t guaranteed, but it is usually allowed for first offenses and for some second offenses after 2 years. The judge will usually say you can’t have the privilege until you’ve had a DWI assessment, and can require you to complete the treatment program first.

The privilege is good for 365 days only and cannot be extended for any reason. If your 365 days run out and you haven’t been able to get your license restored at the DMV, any driving you do may count as Driving While License Revoked (DWLR). That can mean an additional year of revocation without a Limited Driving Privilege, and a $500 fine. Don’t drive when your privilege has expired and you don’t have your license in hand.

Anyone in North Carolina who receives a DWLR while their license is suspended for DWI must get another DWI assessment, and additional counseling may be required. The state does not make this optional.

Getting your license back

Start your assessment and groups as soon as possible. The process often takes a few months, and waiting too long will delay getting your license back. You cannot have your license restored until every assessment, education or counseling requirement is complete.

Your Limited Driving Privilege won’t be extended if you haven’t met your requirements by the end of your revocation period. Once the period passes, you won’t get any driving privilege until all requirements are met, your 508 form has been processed and entered by the NC DMV, and your full license is restored. Restoration costs $75, plus $15 for a new license.

Your license is not restored just because your revocation period has ended. You can be charged with DWLR until the NC DMV actually issues you a new license. Many people don’t realize how long this takes, or that the Limited Driving Privilege can’t be extended, and end up with no driving privileges, sometimes for months, while they finish their requirements.

How we help

We know what you are going through. We will complete your DWI assessment and get you started as quickly as possible, sometimes the day you call. Bring your ticket, proof of your breathalyzer reading, a certified copy of your driving record from every state you have lived in, and your fee in cash, debit or credit card, or money order. With those, you’ll leave with everything you need, and we can write a letter to your attorney, probation officer or anyone else you ask while you are at the office.

To release your license, we need to know your conviction date. The DMV and the courts never tell us when you are convicted, so let us know as soon as your case is resolved and we will complete your 508 form right away. Please also tell us if your case is dismissed or reduced so we can update your record. Without this information, your case file at the state DWI Services office stays open indefinitely.

A DUI is what brought me here. I was fairly nervous when I attended my first meeting but the anxiety subsided fairly quickly. The Group was very nice and the people were open and honest, it made me feel welcome right away. I learned that I’m not alone, and not the only one that has screwed up or made a mistake. Group also has been an eye opener just to see how quickly things can escalate and snowball into a full blown addiction. As far as changes in myself, I’ve seen that when I have nothing to do the next day, it doesn’t mean I need to go out and get wasted. I can honestly say that the DUI was one of the best things that could have happened to me as strange as that sounds.

— Anonymous client