What are the penalties for DWI in North Carolina?

The Penalties for a DWI in North Carolina include:

Level 1 Penalties:

  • Fines: Up to $4,000,
  • Jail Time: 30 days- 2 years (the term of imprisonment may be suspended only if a condition of special probation is imposed to require the defendant to serve a term of imprisonment of at least 30 days.),
  • Possible Probation (if you are placed on probation, the judge shall impose a requirement that the defendant obtain a substance abuse assessment and the education or treatment required by for the restoration of a drivers license and as a condition of probation),
  • Possible Alcohol Monitoring System 30-60 Days (as condition of probation),
  • Court Costs and Fees,
  • The judge may impose any other lawful condition of probation.

Level 2 Penalties:

  • Fines: Up to $2,000,

  • Jail Time: 7 days to 1 Year. (may be suspended see above),

  • Possible Probation (includes alcohol assessment and education program),

  • Possible Alcohol Monitoring System 30-60 Days (as condition of probation),

  • Court Costs and Fees, and

  • The judge may impose any other lawful condition of probation.

Level 3 Penalties:

  • Fines: Up to $1,000,

  • Jail Time: 72 hours to 6 Months (the term of imprisonment may be suspended)

    • However, the suspended sentence shall include the condition that the defendant be imprisoned for a term of at least 72 hours as a condition of special probation; or Perform community service for a term of at least 72 hours, or both,

  • Possible Probation (if you are placed on probation, the judge shall impose a requirement that the defendant obtain a substance abuse assessment and the education or treatment required by for the restoration of a drivers license and as a condition of probation),
  • Your license will be suspended for one year and you will generally be allowed a limited driving privilege, which allows you to drive to and from work, and
  • The judge may impose any other lawful condition of probation.

Level 4 Penalties:

  • Fines: Up to $500,

  • Jail Time: 48 hours to 120 days. The term of imprisonment may be suspended.

    • However, the suspended sentence shall include the condition that the defendant: Be imprisoned for a term of 48 hours as a condition of special probation, or Perform community service for a term of 48 hours or both.

  • Possible Probation (if you are placed on probation, the judge shall impose a requirement that the defendant obtain a substance abuse assessment and the education or treatment required by for the restoration of a drivers license and as a condition of probation),
  • 60-90 days suspended driver’s license, and
  • The judge may impose any other lawful condition of probation.

Level 5 Penalties:

  • Fines up to $200,

  • Jail Time: 24 hours to 60 days (the term of imprisonment may be suspended)

    • However, the suspended sentence shall include the condition that the defendant: Be imprisoned for a term of 24 hours as a condition of special probation or Perform community service for a term of 24 hours, or both,

  • Possible Probation (if you are placed on probation, the judge shall impose a requirement that the defendant obtain a substance abuse assessment and the education or treatment required by for the restoration of a drivers license and as a condition of probation),
  • 30 days suspended driver’s license, and
  • The judge may impose any other lawful condition of probation.

Speak to an Experienced Drunk Driving Attorney Today

This article is intended to be helpful and informative. But even common legal matters can become complex and stressful. A qualified drunk driving lawyer can address your particular legal needs, explain the law, and represent you in court. Take the first step now and contact a local drunk driving attorney to discuss your specific legal situation.

Additional Drunk Driving Articles

Search LawInfo's Drunk Driving Resources