North Carolina · DWI · Checked October 2026

DWI Laws in North Carolina

What Happens if You Get a DWI in North Carolina?

North Carolina calls it DWI, and the legal limit for adult drivers is 0.08 blood alcohol content.

License hearing deadline: 10 days to challenge your license suspension
First offense jail: Set by sentencing level; with no grossly aggravating factors, Level Five to Level Three: from 24 hours up to 6 months (can be suspended)
First offense fine: Up to $200 (Level Five), $500 (Level Four) or $1,000 (Level Three)
First offense license: Revoked 1 year
Felony: Habitual impaired driving: driving while impaired after three or more impaired driving convictions within 10 years of the new offense; Class F felony with a minimum 12-month active sentence that can't be suspended, permanent revocation and vehicle forfeiture

Researched and checked by the DUI Help Editorial Team ·October 3, 2026

North Carolina DWI Laws: Key Facts

Legal limit (adults): 0.08 BACN.C. Gen. Stat. § 20-138.1(a); § 20-138.2(a); § 20-138.3(a); § 20-16.2(a); § 20-179(d)(1)
Commercial drivers (CDL): 0.04 BAC
Drivers under 21: 0 BAC (drivers under 21 may not drive with any alcohol or controlled substance remaining in their body (G.S. 20-138.3); the immediate civil revocation applies at 0.01 or more for drivers under 21)
Enhanced penalties from: 0.15 BAC
Lookback period: 7 years
Insurance filing: proof of financial responsibility (insurer certificate or policy binder), at least 3 years after the license is restored
Sobriety checkpoints: Allowed

North Carolina DWI Penalties by Offense

DWI penalties in North Carolina for a first, second and third offense
Penalty	First offense	Second offense	Third offense
Charge	misdemeanor	misdemeanor	misdemeanor (Class F felony as habitual impaired driving)
Jail	set by sentencing level; with no grossly aggravating factors, Level Five to Level Three: from 24 hours up to 6 months (can be suspended)	a prior impaired driving conviction within 7 years is a grossly aggravating factor, which means at least Level Two: 7 days to 12 months; the jail term may be suspended only with special probation requiring at least 7 days in jail or 90 days of continuous alcohol monitoring	two priors within 7 years count as two grossly aggravating factors, which means Level One: 30 days to 24 months (minimum may drop to 10 days with 120 days of continuous alcohol monitoring); three or more grossly aggravating factors mean Aggravated Level One: 12 to 36 months. With three or more priors within 10 years it is habitual impaired driving, a felony with at least 12 months active prison
Fine	up to $200 (Level Five), $500 (Level Four) or $1,000 (Level Three)	up to $2,000 (Level Two)	up to $4,000 (Level One); up to $10,000 (Aggravated Level One)
License suspension	revoked 1 year	revoked 4 years if the prior offense was within 3 years (conditional restoration possible after 2 years); otherwise 1 year	permanent revocation with two or more priors when the most recent was within 5 years (conditional restoration possible after 3 years)
Ignition interlock	required on restoration if BAC was 0.15 or more (for 1 year when the revocation was 1 year)	required on restoration if the prior offense was within 7 years (for 3 years after a 4-year revocation)	required on restoration (for 7 years after a permanent revocation)

First offense: N.C. Gen. Stat. § 20-138.1(d); § 20-179(f), (i), (j), (k); § 20-19(c1); § 20-17.8 · Second offense: N.C. Gen. Stat. § 20-179(c)(1), (h); § 20-19(d); § 20-17.8 · Third offense: N.C. Gen. Stat. § 20-179(c), (f3), (g); § 20-19(e), (e1); § 20-138.5

When Penalties Are Higher

a child under 18, a person with the mental development of a child under 18, or a person with a physical disability preventing unaided exit was in the vehicle: grossly aggravating factor that requires at least Level One punishment: 30 days to 24 months and a fine up to $4,000N.C. Gen. Stat. § 20-179(c)(4), (g)
BAC 0.15 or higher: aggravating factor weighed at sentencing; ignition interlock required on restoration; not eligible for the standard limited driving privilegeN.C. Gen. Stat. § 20-179(d)(1); § 20-17.8(a)(1); § 20-179.3(b)
three or more grossly aggravating factors: Aggravated Level One: 12 to 36 months and a fine up to $10,000; permanent license revocationN.C. Gen. Stat. § 20-179(c), (f3); § 20-19(e)

More on North Carolina DWI penalties · Estimate penalties for your situation

If You Refuse a Breath or Blood Test

license revoked 12 months by DMV (in addition to the 30-day civil revocation and any DWI penalties); a limited driving privilege may be available after 6 months under conditionsN.C. Gen. Stat. § 20-16.2(a), (d), (e1)

Official source: if you refuse a breath or blood test in North Carolina

Getting a Limited Driving Privilege

A court may issue it for essential driving such as work, school, treatment and household needs. After a DWI conviction, you generally must have had a valid license, no impaired driving conviction in the prior 7 years, a Level Three, Four or Five sentence, no new impaired driving charge, and a substance abuse assessment. A narrower route allows one prior within 7 years if BAC was under 0.15. If BAC was 0.15 or more, the privilege must require an ignition interlock. A separate limited privilege is available during the 30-day civil revocation after 10 days.

Official source: getting a limited driving privilege in North Carolina

Ignition Interlock

First offense: only if BAC was 0.15 or more: for 1 year after restoration from a 1-year revocation Repeat offenses: yes if the prior offense was within 7 years: 3 years after a 4-year revocation, 7 years after a permanent revocation; also after habitual impaired driving or an Aggravated Level One sentence DMV places the interlock restriction on the license at restoration; the driver may operate only an interlock-equipped vehicle and pays the cost (a partial cost waiver is available on a hardship affidavit). Any restored DWI license carries an alcohol restriction (0.04 after a first restoration, 0.00 after a second) for 3 years, or 7 years after a permanent revocation.

Official source: ignition interlock in North Carolina

Can a DWI Come Off Your Record?

not available: an offense involving impaired driving is not eligible for expunction N.C. Gen. Stat. § 15A-145.5(a1) excludes impaired driving offenses from nonviolent conviction expunction.

Official source: can a dwi come off your record? in North Carolina

DUI Checkpoints

Sobriety checkpoints are allowed in North Carolina. Legal basis: Statute.N.C. Gen. Stat. § 20-16.3A (checking stations and roadblocks: advance stopping pattern, written policy, at least one marked vehicle with blue light on)

Official source: dui checkpoints in North Carolina

Drivers Under 21

A driver under 21 may not drive while consuming alcohol or with any alcohol or controlled substance remaining in the body (except lawfully prescribed drugs taken as directed) Class 2 misdemeanor and a 1-year license revocation; drivers aged 18 to 20 with no prior violation may apply for a limited driving privilege; an under-21 DWI conviction or refusal brings an added 1-year revocation

Official source: drivers under 21 in North Carolina

Driving After Using Drugs

Yes. Impaired driving covers driving under the influence of any impairing substance, and driving with any amount of a Schedule I controlled substance or its metabolites in blood or urine; a legal prescription is not a defense

Official source: driving after using drugs in North Carolina

More on DWI Law in North Carolina

For the state's own guidance, see NCDMV: License suspension (driving while impaired).

This page summarizes North Carolina law from official sources, checked October 2026. It isn't legal advice; laws change, and a lawyer licensed in North Carolina can advise on your case.

Frequently Asked Questions

What Is the Penalty for a First DWI in North Carolina?

Jail: set by sentencing level; with no grossly aggravating factors, Level Five to Level Three: from 24 hours up to 6 months (can be suspended). Fine: up to $200 (Level Five), $500 (Level Four) or $1,000 (Level Three). License suspension: revoked 1 year.

How Long Do You Have to Request a License Hearing in North Carolina?

10 days. How it is counted: the effective date of the immediate civil revocation (or ask at your initial appearance before the magistrate). In writing to the clerk of court or a designated magistrate, on the court system's hearing request form; you may ask for a district court judge. The hearing is held within 3 working days before a magistrate or 5 working days before a judge, and the revocation stays in effect until then. For the separate 12-month refusal revocation, request a DMV hearing in writing before the DMV order takes effect, which is the 30th calendar day after it is mailed. If you miss it, the suspension usually takes effect automatically.

When Is a DWI a Felony in North Carolina?

habitual impaired driving: driving while impaired after three or more impaired driving convictions within 10 years of the new offense; Class F felony with a minimum 12-month active sentence that can't be suspended, permanent revocation and vehicle forfeiture

Do You Need an Proof of Financial Responsibility (Insurer Certificate or Policy Binder) After a DWI in North Carolina?

Yes. How long: at least 3 years after the license is restored. An proof of financial responsibility (insurer certificate or policy binder) is a form your insurer files with the state to prove you carry the required coverage.

Are DUI Checkpoints Legal in North Carolina?

Yes. Legal basis: Statute.