North Carolina DUI Penalties, Fines and Suspensions

North Carolina Implied consent – administrative / civil penalty for refusal

• Driver’s license revoked for one year. If no prior offense (or refusal) within past seven years, driver may petition for restricted driving privileges after six months. N.C.G.S.A. § 20-16.2(d), (e1).

North Carolina Implied consent – criminal penalty for refusal

North Carolina DUI Conviction – administrative / civil penalty (license suspension, use of IID)

• First conviction driver’s license revoked for one year.
• Second conviction within three years driver’s license revoked for four years.
• Third conviction, where second conviction was within five years of thirdà driver’s license permanently revoked.
• Third or subsequent conviction within 10 years driver’s license permanently revoked. N.C.G.S.A. § 20-19(c1), (d), (e).

Conviction – criminal penalties (jail sentence, fines, community service)

• Level 5 Punishment jail sentence of 24 hours to 60 days; fine up to $200.
• Level 4 Punishment jail sentence of 48 hours to 120 days; fine up to $500.
• Level 3 Punishment jail sentence of 72 hours to six months; fine up to $1,000.
• Level 2 Punishment jail sentence of 7 days to 12 months; fine up to $2,000.
• Level 1 Punishment jail sentence of 30 days to two years; fine up to $4,000.
• Violation of N.C.G.S.A. § 20-138.3 is a Class 2 misdemeanor, resulting in a jail sentence of up to 60 days and a fine up to $1,000.
• Third or subsequent conviction within 10 years “habitual impaired driving”; Class F felony. N.C.G.S.A. § 20-138.5; N.C.G.S.A. § 20-179; N.C.G.S.A. § 20-19.
• Additional criminal penalties if a person commits an offense while causing death or critical injury to another person.

Child endangerment

• Committing a violation while a person under age 18 is a passenger in the vehicle. N.C.G.S.A. § 20-179(c).

DUI Arrest Statistics and North Carolina Drunk Driving Statistics

* Sources: State Justice Department, Federal Highway Administration