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North Carolina


The basic and “minimum” penalties are provided below. (Note: North Carolina refers to the offense as a DWI.) However, North Carolina’s sentencing procedures for impaired drivers is complex (and explained below). There are five levels (with five being the least severe):
 

North Carolina prohibits the operation of a motor vehicle on any highway or public place:

  • + while under the influence of an impairing substance
  • + with a blood alcohol concentration (BAC) of .08% or more (.04% for drivers of commercial vehicles), or
  • + with any metabolized schedule one controlled substance (such as opiates and benzos) in your system.
     

Actual physical control of the vehicle. North Carolina has extended the term “operation” to include having “actual physical control” of the vehicle. So, depending on the specific circumstances, a driver can be convicted of a DWI without the vehicle actually being in motion.
 

Under the influence. A North Carolina driver is considered to be under the influence if the ingested substance has caused appreciable impairment to the driver’s faculties.
 

  License Suspension Interlock Period
1st 1 year 1 year
1st Aggravated - Level 1 Permanent revocation 3 years
2nd in 7 years 1 year 1 year
2nd in 3 years 4 years 3 years
3rd in 7 years 1 year 1 year
3rd in 5 years Permanent revocation 7 years