North Carolina · DWI · Checked October 2026

North Carolina DWI Penalties: First, Second and Third Offense

North Carolina DWI Penalties: What Are the Rules?

North Carolina sets DWI penalties by offense, and they rise with each conviction.

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
Lookback period: 7 years

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

North Carolina DWI Penalties by Offense

DWI penalties in North Carolina
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)

Other First Offense Penalties in North Carolina

a child under 18 in the vehicle, serious injury to another person, or driving while revoked for impaired driving raises sentencing to Level Two or higher
substance abuse assessment required before the license is restored

Official source: other first offense penalties (North Carolina)

Other Second Offense Penalties in North Carolina

if the prior was within 5 years and the judge suspends all jail in favor of alcohol monitoring, 240 hours of community service are also required

Official source: other second offense penalties (North Carolina)

When Penalties Are Higher in North Carolina

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 $4,000
BAC 0.15 or higher: aggravating factor weighed at sentencing; ignition interlock required on restoration; not eligible for the standard limited driving privilege
three or more grossly aggravating factors: Aggravated Level One: 12 to 36 months and a fine up to $10,000; permanent license revocation

Official source: when penalties are higher (North Carolina)

When a DWI Is 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 forfeitureN.C. Gen. Stat. § 20-138.5

Official source: when a dwi is a felony (North Carolina)

How Far Back Prior Offenses Count in North Carolina

7 years. a prior conviction within 7 years is a grossly aggravating sentencing factor and triggers interlock; license revocation steps up to 4 years for a prior within 3 years and to permanent for two priors with the latest within 5 years; habitual impaired driving counts three priors within 10 yearsN.C. Gen. Stat. § 20-179(c)(1); § 20-19(d), (e); § 20-138.5(a)

Official source: how far back prior offenses count (North Carolina)

More on DWI Law in North Carolina

See the full overview of DWI laws in North Carolina and read about first-offense DUI penalties across the states.

This page summarizes North Carolina law from official sources, checked October 2026. It isn't legal advice; 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.

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

Jail: 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. Fine: up to $2,000 (Level Two). License suspension: revoked 4 years if the prior offense was within 3 years (conditional restoration possible after 2 years); otherwise 1 year.

When Is a DWI a Felony in North Carolina?