There are five levels of misdemeanor Driving While Intoxicated. Level I is the most serious and Level V the least.
Level V
Punishable by a fine up to $200 and a minimum jail sentence of 24 hours and a maximum of 60 days. A judge can suspend the sentence but upon completion that the driver spend 24 hours in jail, perform 24 hours of community service or not operate a vehicle for 30 days.
Level IV
Punishable by a fine up to $500 and a minimum jail sentence of 48 hours and a maximum of 120 days. A judge can suspend the sentence but upon completion that the driver spend 48 hours in jail, perform 48 hours of community service or not operate a vehicle for 60 days.
Level III
Punishable by a fine up to $1,000 and a minimum jail sentence of 72 hours and a maximum of six months. A judge can suspend the sentence only upon completion that the driver spend at least 72 hours in jail, perform 72 hours of community service or not operate a vehicle for 90 days.
Level II
Punishable by a fine up to $2,000 and a minimum jail sentence of seven days and a maximum of one year. A judge CANNOT suspend the minimum sentence.
Level I
Punishable by a fine up to $4,000 and a minimum jail sentence of 30 days and a maximum of two years. A judge CANNOT suspend the minimum sentence.
Level I and II drivers are repeat offenders, persons whose license are revoked, impaired drivers, impaired drivers who are transporting young children and impaired drivers who hurt someone in a crash. Impaired drivers must complete a substance abuse assessment and comply with any recommended treatment as a condition for having their drivers license restored at the end of the revocation period.
Felony DWI
For Habitual DWI offenders, drivers who have had three prior DWI convictions within the past seven years, DWI becomes a more severe felony. But more importantly, the Habitual DWI statute now mandates a minimum active jail term of one year — a sentence that CANNOT be suspended. Offenders must also go through a substance abuse program while in jail or as a condition of parole.
Seizure and Forfeiture of Vehicles
The Governor’s DWI Initiative takes away from repeat DWI offenders the means to drive while impaired; namely, their cars. Under the new provision, a law enforcement officer can seize a driver’s car if the officer charges that person with DWI and that person was driving while his or her license was revoked due to a previous impaired driving offense. The seizure happens at the time of the arrest and NOT after the case has come to trial.
If a court convicts the driver of DWI and of committing the offense while driving with a revoked license due to a previous impaired driving offense, the judge will order the vehicle forfeited. The school board can then sell the vehicle and keep the proceeds, sharing the money with any other school systems in the county, or keep the car for its own use. The law does allow vehicle owners to get their cars back if they were not the driver convicted of DWI but only if they satisfy the court that they are an innocent party.
Zero Tolerance for Commercial Motor Vehicle Drivers
It’s unlawful for the operator of a commercial motor vehicle to drink and drive. The first offense results in a 10 day disqualification to operate a commercial motor vehicle. The second or subsequent offense revokes the drivers license to operate any vehicle.
Zero tolerance for school bus and school activity bus drivers and child care vehicle drivers drivers.
It is unlawful for school bus and school activity bus drivers and child care vehicle operators (day care van etc.) to drink and drive.
Offenders Under Age 21
Prior to the enactment of the new statutes, North Carolina had already taken a zero-tolerance stance against drivers who were under the legal drinking age who nevertheless drank or used drugs illegally and then got behind the wheel. People under age 21 simply cannot drive with any alcohol or illegally-used drugs in their systems — period. Any amount of alcohol will result in an immediate 30 day pretrial revocation. If an underage drinking driver refuses to take such a test, he or she now need only have the smell of alcohol on the breath to be convicted of driving after drinking. Offenders will have their licenses revoked for one year but can get limited driving privileges instated by a judge if the driver was at least 18 years old at the time of the offense and did not have a prior conviction.
*Source: North Carolina Public Safety—Driving While Impaired
North Carolina DUI Laws
North Carolina DUI – statute(s)
- C.G.S.A. § 20-138.1.
North Carolina DUI – standard
- “A person commits the offense of impaired driving if he drives any vehicle upon any highway, any street, or any public vehicular area within this State: . . .[w]hile under the influence of an impairing substance.” N.C.G.S.A. § 20-138.1(a)(1).
North Carolina DUI – applicable substances
- Impairing substance, which means “alcohol, controlled substance . . . any other drug or psychoactive substance capable of impairing a person’s physical or mental faculties, or any combination of these substances.” N.C.G.S.A. § 20-4.01(14a).
North Carolina DUI – affirmative defense
- “The fact that a person charged with violating this section is or has been legally entitled to use . . . a drug is not a defense to a charge under this section.” N.C.G.S.A. § 20-138.1(b). However, a mitigating factor in sentencing is if the impairment was “caused primarily by a lawfully prescribed drug for an existing medical condition, and the amount of the drug taken was within the prescribed dosage.” N.C.G.S.A. § 20-179(e).
North Carolina Per se – statute(s)
- C.G.S.A. § 20-138.1; N.C.G.S.A. § 20-138.3.
North Carolina Per se – standard
- “A person commits the offense of impaired driving if he drives any vehicle upon any highway, any street, or any public vehicular area within this State: . . . [w]ith any amount of a Schedule I controlled substance, as listed in G.S. 90-89, or its metabolites in his blood or urine.” N.C.G.S.A. § 20-138.1(a)(3). “It is unlawful for a person less than 21 years old to drive a motor vehicle on a highway or public vehicular area . . . at any time while he has remaining in his body any . . . controlled substance previously consumed.” N.C.G.S.A. § 20-138.3(a).
North Carolina Per se – applicable substances
- Schedule 1 substances (drivers age 21 or older); all controlled substances (drivers under age 21).
North Carolina Per se – affirmative defense(s)
- With respect to drivers under age 21, there is a defense if the driver “drives with a controlled substance in his body which was lawfully obtained and taken in therapeutically appropriate amounts.” N.C.G.S.A. § 20-138.3(a).
North Carolina Implied consent – applicable drivers
- Any person who drives a vehicle on a highway or public vehicular area in North Carolina. N.C.G.S.A. § 20-16.2(a).
North Carolina Implied consent – tests authorized
- “Chemical analysis.” This term is defined as “a test or tests of the breath, blood, or other bodily fluid or substance.” N.C.G.S.A. § 20-4.01(3a).
North Carolina Implied consent – basis for test
- Driver must be charged with an “implied-consent offense,” which includes an offense involving impaired driving and LEO must have “reasonable grounds to believe” that the person charged committed an implied-consent offense. N.C.G.S.A. § 20-16.2(a).
North Carolina Implied consent – evidence of refusal
- The fact of the refusal is admissible evidence at trial. N.C.G.S.A. § 20-16.2(a)(1).
