Your Guide to NC DWI Levels

In 2019 alone, 11,639 DWI arrests were made in North Carolina, according to Responsibility.org¹. The state is notoriously tough when it comes to a DWI case because of its zero-tolerance policy. If you or a loved one is facing a DWI in North Carolina, you might be overwhelmed as you research potential penalties and the NC DWI levels system.

Fortunately, it is possible to navigate your NC DWI penalties smoothly so that getting back on the road doesn’t have to be a hassle.

Read on to learn about the DWI penalties you might face in North Carolina and the “levels” system used for DWI charges in NC.

DWI Penalties

There are a variety of penalties for a DWI and DUI in North Carolina, depending on whether it’s a first or repeat offense (as well as other factors). Below, we list the automatic penalties you’ll incur with each offense.

First Offense

The first time you’re convicted of a DWI in North Carolina, you’ll face a misdemeanor. The following penalties will be imposed automatically²:

• Your driver’s license will be revoked for one year
• After you get your driver’s license back, your legal blood alcohol content (BAC) limit will be lowered to 0.04% for an additional three years
• You’ll be fined a minimum of $200 (and a maximum of $4,000)
• You’ll serve a minimum 24-hour jail term (or complete 24 hours of community service, or some combination of the two). If you receive maximum punishment, you’ll serve a jail term of no less than 30 days but no more than 24 months.

If you’re convicted of your first offense DWI in North Carolina, but your BAC is 0.15% or higher, you’ll receive additional punishments, including the following:

• Your driving privilege will be suspended for 45 days. After 45 days, your judge might issue a limited driving privilege during the rest of the year for which your license is revoked. For instance, you may drive to and from work, school, court-ordered substance abuse education or treatment, and Ignition Interlock service facilities only.
• For one year, you’ll be required to have an Ignition Interlock Device (IID) installed in your vehicle at your own expense. This breathalyzer device will only allow your car to start if your BAC is below the legal limit.

Additionally, when you’re initially pulled over, you’ll be required to take a breath or blood test, and refusal to take the test will result in the loss of your driver’s license for up to a year (at least 30 days pre-trial). Plus, you may be required to submit a blood sample with no right to refuse.

If breath or blood tests show that your BAC is 0.08% or higher, your driver’s license will be immediately revoked for at least 30 days.

Second Offense

A second-offense DWI in North Carolina is still considered a misdemeanor. If you’re convicted a second time within three years, you will:

• Have your driver’s license revoked for four years
• Have a new legal BAC of 0.00% for seven years once your license is returned

Regardless of how much time elapsed between your first and second offense, you’ll face the following penalties:

• You’ll be fined a minimum of $2,000 and a maximum of $4,000
• You’ll face a minimum jail time between seven days and 12 months (24 months if you receive the maximum level of punishment)

If your second offense takes place within seven years of your first offense, you’ll lose all driving privileges for one year with no possible limited driving privilege to commute to work, school,  or substance abuse treatment.

Upon your second offense, you’ll also be required to install an Ignition Interlock system in your car for three years at your own expense. This is a safety precaution—the device still must be installed before you’re allowed to drive.

Once you’re allowed a limited driving privilege (if your second offense was not within seven years of your first), you must use your ignition Interlock Device in NC each time you start your car.

The same penalties apply regarding breath and blood tests. Refusing a breath or blood test will result in losing your license for 30 days to one year (and may result in a required blood sample). Failure of your test will result in immediately losing your license for 30 days.

Third Offense

For your third DWI offense in North Carolina, you’ll still be charged with a misdemeanor. The following penalties will also apply:

• You’ll immediately lose your driver’s license permanently (if one or both of your previous offenses were within the last five years)
• You’ll be fined up to $10,000
• You’ll serve a jail term between one and three years
• When your license is returned to you, you’ll be required to install an Ignition Interlock system in your car before you’re allowed to drive and must keep it for seven years at your own expense

The same breath and blood test requirements also apply—if your BAC is over 0.08%, you’ll immediately lose your license for 30 days, and refusal of the test will result in the loss of your license for 30 days to one year (and a possible required blood sample).

Fourth Offense

Is a DUI a felony in NC? If you receive a fourth DWI offense in North Carolina within the same ten years as your previous three convictions, you’ll be tried for a Class F felony. If your last conviction was at least ten years ago, you’ll still be charged with a misdemeanor.

When you’re charged with your fourth offense, you’ll face the following penalties:

• You’ll lose your driver’s license for life, with no limited driving privileges (i.e. driving to work or substance abuse education) for at least ten years
• You’ll serve a minimum of 12 months imprisonment; the maximum term is 59 months and a fine

The same breath and blood test penalties apply (failure of the test results in immediate driver’s license revocation for 30 days; refusal of the test results in driver’s license revocation for 30 days to one year and a possible required blood sample).

If you’re caught driving while your license is revoked (or you’re charged with a DWI without your license and insurance on you), your car will be seized and held by the state, pending the results of your trial.

If you’re convicted of a DWI while your license was revoked or while you did not have your license and insurance on you, your car will be donated to the local school board (to keep for their own use or to sell and keep the funds). You’ll also be prohibited from registering another car in your name until you get your license back.

Levels for DWI Offenses in North Carolina

Depending on the situation surrounding the DWI charge, drivers in North Carolina may be charged using more specific parameters on a “level” basis (for misdemeanor DWIs only). In the NC system, level V is the least severe and level I is the most severe³.

The “level” at which you are charged in North Carolina is based on the number of aggravating factors in your case (i.e. people charged at level I are likely people with a repeat North Carolina DWI offense, drivers with revoked licenses, drivers with children as passengers, or impaired drivers who wounded passengers in a crash).

Below are the penalties for each level³:

• Level V – A fine of up to $200 and a minimum jail sentence of 24 hours to 60 days (sentence can be suspended by the judge in favor of a 24-hour jail sentence, 24 hours of community service, or revocation of driving privileges for 30 days)
• Level IV – A fine of up to $500 and a minimum jail sentence of 48 hours to 120 days (judge can suspend in favor of 48 hours in jail, 48 hours of community service, or revocation of driving privileges for 60 days)
• Level III – A fine of up to $1,000 and a jail sentence of 72 hours to six months (judge can suspend in favor of 72 hours in jail, 72 hours of community service, or revocation of driving privileges for 90 days)
• Level II – A fine of up to $2,000 and a jail sentence of seven days to one year (which a judge cannot suspend)
• Level I – A fine of up to $4,000 fine and a jail sentence of 30 days to two years (which a judge cannot suspend)

In addition to these penalties, drivers must complete a substance abuse assessment and comply with any treatment recommended per the results as a condition of getting their license back.

Get Back on the Road with Smart Start

Fortunately, your Interlock Device requirement in NC doesn’t have to be a hassle—particularly if you partner with Smart Start.

Our IIDs are easy to install, easy to use, and discreet enough to move freely around your driver’s seat area. Plus, we have affordable pricing, with bi-weekly and monthly payment plans available.

If you’re facing a DWI charge in North Carolina, trust Smart Start to get you back on the road faster.

Sources: 

1. Responsibility.org. National Drunk Driving Statistics Map. https://www.responsibility.org/alcohol-statistics/state-map/state/north-carolina/
2. North Carolina Department of Transportation. Booze It & Lose It. https://www.ncdot.gov/contact/RR_GHSP_DOCUMENTS/BoozeItLoseItBrochure.pdf#search=dwi
3. North Carolina Department of Public Safety. Driving and Alcohol. https://www.ncdps.gov/our-organization/law-enforcement/state-highway-patrol/laws/driving-alcohol