North Carolina DUI/DWI Laws: Penalties, Court Process, and Records

Under U.S. law, Driving Under the Influence (DUI) and Driving While Intoxicated (DWI) are among the most frequently used terms for traffic offenses involving drugs and alcohol. In North Carolina law, DWI is the official charge for operating a vehicle while impaired by alcohol, drugs, or a combination of both.

Moreover, aggravating and mitigating factors influence the sentencing structure of DWI offenses in the state.

What Is a DWI in North Carolina?

Section 20-138.1 of the North Carolina General Statutes states that an individual commits a DWI if they drive any vehicle on a highway, public vehicular area, or street within the state while:

• Having any amount of a Schedule I controlled substance in their blood or urine
• Having a blood alcohol concentration (BAC) of 0.08% or more at any relevant time after driving
• Being under the influence of an impairing substance, including alcohol, drugs, or both.

Nonetheless, a driver may still be convicted of DWI with a BAC below 0.08% if evidence shows their ability to operate a vehicle was impaired.

DWI Penalties in North Carolina

In North Carolina, repeat DWI offenses are judged using a 7-year look-back period, and punishments follow a five-level sentencing system.

• Level 5 DWI

This is the least severe level of DWI in North Carolina. The penalty is a fine of up to $200 and a jail sentence of 24 hours to 60 days. The jail time can be replaced with probation and community service.

• Level 4 DWI

This level carries a fine of up to $500 and a jail sentence of 48 hours to 120 days. In addition, the court may allow community service or probation instead of jail time.

• Level 3 DWI

A level 3 DWI in North Carolina is punishable by confinement from 72 hours to 6 months and a fine of up to $1,000.

• Level 2 DWI

The offender may be sentenced to confinement ranging from 7 months to 12 months and could be required to pay a fine up to $2,000. While probation may be granted by the court, the law requires the offender to serve at least 7 days in jail or complete community service.

• Level 1 DWI (most severe misdemeanor)

Offenders in this level may be punished by a jail term of 30 days to 24 months and be required to pay a fine of up to $4,000.

• Felony DWI (Habitual Impaired Driving)

A felony DWI is referred to as habitual DWI in North Carolina. This is the situation after three prior DWI convictions within 10 years. The punishment is a Class F felony that carries a minimum of 12 months in prison and permanent license revocation.

Alcohol treatment, community service, probation, and ignition interlock devices (IID) may be required for all offense levels, especially in cases where the driver’s BAC is 0.15% or greater.

DWI Arrest and Court Process in North Carolina

The North Carolina DWI process includes both DMV actions and criminal prosecution:

1. Traffic Stop and Arrest – An officer may stop a driver for a traffic violation or if impairment is suspected. Under North Carolina’s implied consent law, refusing to take the required sobriety tests can lead to immediate revocation of the driver’s license.
2. Booking and Charges – The arresting law enforcement processes and charges the driver with DWI.
3. Arraignment – The defendant is formally called to enter a plea to the charges.
4. Pre-Trial Hearings – Lawyers may review evidence, file motions, or discuss a plea deal.
5. Trial – A judge or jury hears the case and decides if the defendant is guilty.
6. Sentencing – Before issuing a judgment in a DWI case, judges apply North Carolina’s five-level system, weighing both aggravating and mitigating factors.

North Carolina generally does not permit diversion programs for DWI offenses; however, treatment-based probation may be available and can help reduce penalties.

How to Search for DUI/DWI Records in North Carolina

North Carolina makes DWI records publicly available across different sources:

• North Carolina Judicial Branch website: To find past and pending DWI cases through this website, users can conduct their search by entering the party name or case number.
• Third-Party Background Record sites: Some third-party websites compile arrest and court records, though they may charge a fee for access to records.
• North Carolina Division of Motor Vehicles (NC DMV): Individuals can request their driving information from the NC DMV. North Carolina's driving record shows license status, motor-vehicle convictions, and any license actions.
• County Clerk of Superior Court Offices: Each county within North Carolina keeps its own court files. Anyone can visit the clerk’s office in person and request access to DWI case records.
• North Carolina State Bureau of Investigation (SBI): The SBI provides official statewide criminal history records checks for a fee.

In North Carolina, the information in DWI records often covers BAC levels, offense type, court-ordered punishments, and any limits on driving privileges.

How Long Does a DWI Stay on Your Record in North Carolina?

DWI records in North Carolina are subject to long-term retention rules:

• Driving Record: For license purposes, a DWI remains on an individual’s driving record permanently.
• Criminal Record: In North Carolina, a DWI is considered a permanent criminal offense. The record of this offense cannot be expunged even after many years.
• Insurance: Auto insurance companies treat a DWI as a major violation. This can impact insurance rates for 3 to 10 years, depending on the insurer’s policy.

North Carolina uses the term DWI (Driving While Impaired) to describe offenses involving alcohol, drugs, or a combination of both. The state is known for having some of the strictest impaired driving laws in the country, applying a distinctive five-level system to punish offenders. DWI records are typically accessible through government agencies such as the State Bureau of Investigation (SBI), the North Carolina Division of Motor Vehicles (NC DMV), and county courts. Given the seriousness of DWI convictions, it is important to have a clear understanding of North Carolina’s DWI laws.