North Carolina is well known for its strict DWI laws. The National Highway Traffic Safety Administration published a report in August 2008 regarding the number of alcohol related traffic fatalities in the United States. In North Carolina there were 421 alcohol related traffic fatalities in 2006, which was 27.1% of all traffic fatalities. In 2007 it increased to 487 traffic fatalities related to alcohol use, which was 29.1% of all traffic fatalities. The 66 fatality increase in North Carolina from 2006 to 2007 was the largest increase of all the states.

There are two ways to get arrested for DWI in North Carolina. A person can either appear to be impaired or they can have a Blood Alcohol Content (BAC) of 0.08% or higher.

Per Se DWI

North Carolina’s per se law comes into effect when a person’s BAC is 0.08% or higher. A person is considered to be Driving While Intoxicated with a BAC of 0.08% or higher even if they do not appear to be drunk or impaired. Drivers can be convicted of DWI under the per se law even if they pass the field sobriety tests.

Appreciable Impairment

If BAC tests are inconclusive a person can still be convicted of DWI. If the prosecution can show that a person’s driving was appreciably impaired by alcohol or drugs, then BAC test results are not necessary.

Proof of impairment at the time of arrest can include:

• Driving pattern
• Speech pattern
• Overall appearance
• The results of field sobriety tests

The Consequences of DWI Conviction

There are very complex sentencing structures in North Carolina for drinking and driving. There are five different levels of penalties with Level One penalties being the most severe to Level Five penalties being the least severe. Generally, a first time offender will face:

• Fines up to $2,000
• Required to attend DWI school
• Required substance abuse assessment
• Up to 2 years in jail
• 6 months to 1 year license suspension

In addition to the list above a first time offender could also have to perform community service or have an ignition interlock device installed on all vehicles registered in their name. Repeat offenders will face harsher penalties for each subsequent conviction.

In North Carolina you can be arrested and charged with DWI for either having a BAC of 0.08% or higher, or for appearing to be impaired. North Carolina has very complex sentencing guidelines for DWI and very strict punishments for even first time offenders.

This article is for informational purposes and does not constitute legal advice. Please contact an attorney in your local area for more information about North Carolina DWI Law.

Further Legal Resources: Driver Law Firm. Serving DWI clients in Raleigh, NC.