North Carolina · Handbook chapter 3 · 4 min read
Chapter 3: Alcohol and the law
North Carolina's Driving While Impaired (DWI) law: BAC limits, chemical test refusal, revocation periods for each conviction, BAC restrictions after restoration, ignition interlock and the rules for drivers under 21.
Why this chapter matters
About 38 percent of all traffic deaths involve alcohol. North Carolina has a single offense, Driving While Impaired (DWI), and its penalties are full of numbers that the knowledge test likes to ask about.
How alcohol affects you
- Everyone is impaired at a BAC of 0.08, and many people are affected well below that. Crash risk already rises at 0.05.
- Alcohol is a depressant. It slows your reactions, weakens your judgment of speed and distance, makes it hard to do more than one thing at once, upsets your balance and makes you sleepy.
- It also gives you false confidence, so you take bigger risks.
- Only time sobers you up. Coffee, a big meal or a cold shower do not.
- Prescription and over-the-counter medicines can also affect driving. Find out how a medicine affects you before you drive.
What counts as DWI
DWI can be proven in either of two ways:
- your physical or mental faculties are appreciably impaired by alcohol, drugs or both, or
- your BAC is 0.08 or more (0.04 or more in a commercial motor vehicle).
The law also lets police set up checkpoints, bans drinking while driving, and bans carrying an open container of alcohol in the passenger area.
Chemical tests and refusal
If you are charged with DWI you will be asked to take a breath or blood test.
- Refusing brings an immediate revocation of at least 30 days plus a further revocation of at least 12 months by the DMV.
- A result of 0.08 or more (0.04 in a commercial vehicle) brings an immediate revocation of at least 30 days.
- The test result, or the fact that you refused, can be used as evidence in court.
Revocation after a DWI conviction
| Conviction | License revocation |
|---|---|
| First | One year |
| Second | Four years if the earlier offense was within three years |
| Third | Permanent if a prior conviction was within five years |
| Fourth | Permanent, and a felony if the three earlier convictions were within seven years |
- A second DWI conviction means jail time.
- Everyone convicted needs a substance abuse assessment before driving privileges return.
- If you are convicted of DWI while already revoked for an earlier DWI, the court may seize and sell your vehicle.
After restoration
- First restoration after DWI: a BAC restriction of 0.04.
- Second or later restoration: 0.00.
- A DWI with a BAC of 0.15 or more, or another conviction within seven years, requires an ignition interlock.
- The alcohol restoration fee is $167.25.
Drivers under 21
- The legal age to buy alcohol is 21.
- A driver under 21 convicted of driving with any amount of alcohol or drugs in the body loses the license for one year.
- A one-year revocation also follows for an underage person who buys or tries to buy alcohol, helps someone else do so, or uses a fake or borrowed ID, and for anyone who lets an underage person use their ID or gives alcohol to an underage person.
Plan ahead
Arrange a ride before you drink: a sober driver, a taxi, public transport, or a night at a friend's home.
Frequently asked questions
What is the legal BAC limit in North Carolina?
0.08 for most drivers and 0.04 in a commercial motor vehicle. Drivers under 21 may not drive with any alcohol in their body.
What happens if I refuse a breath test?
An immediate revocation of at least 30 days and a further DMV revocation of at least 12 months.
How long is a license revoked for a first DWI?
One year.
When is an ignition interlock required?
After a DWI conviction with a BAC of 0.15 or more, or when there is another conviction within the past seven years.
Can coffee help me sober up faster?
No. Only time lowers your BAC.
Based on the North Carolina Driver Handbook (NCDMV), Chapter 2 and Chapter 4 (Alcohol).