North Carolina Traffic Laws: Points, Tickets, License Suspension and DUI
North Carolina driving rules: point system, speeding points, traffic school, how to pay or fight a ticket, license suspension, DUI limits and penalties.
Quick answers for North Carolina
- Point system
- North Carolina uses a driver license point system (separate from insurance points). The DMV may suspend a license when a driver accumulates 12 or more points within three years, or 8 or more points in the three years after a license is reinstated following a suspension or revocation for… N.C. Gen. Stat. § 20-16(a)(5), (c)
- Points for speeding
- Speeding in excess of 55 mph is 3 points; speeding in a school zone over the posted school-zone limit is 3 points; other moving violations (including speeding at lower speeds) are 2 points. N.C. Gen. Stat. § 20-16(a)(9)–(10a), (c)
- Legal BAC limit
- 0.08 for impaired driving (or any amount of a Schedule I controlled substance); 0.04 for commercial vehicle drivers; drivers under 21 may not drive with any alcohol or controlled substance remaining in the body. N.C. Gen. Stat. §§ 20-138.1, 20-138.2, 20-138.3
- First-offense DUI penalties
- Impaired driving sentences use five punishment levels set by aggravating and mitigating factors. At the lowest, Level Five, the fine is up to $200 and jail is 24 hours to 60 days (may be suspended on condition of 24 hours in jail or 24 hours of community service); N.C. Gen. Stat. §§ 20-179, 20-19(c1), 20-16.5
Last verified: 2026-10-27
Tickets and points
| Point system | North Carolina uses a driver license point system (separate from insurance points). The DMV may suspend a license when a driver accumulates 12 or more points within three years, or 8 or more points in the three years after a license is reinstated following a suspension or revocation for traffic offenses. A first points suspension is up to 60 days, a second up to six months, and later suspensions up to one year; the DMV may substitute up to one year of probation. At 7 points, the DMV may call the driver to a conference. |
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| Points for speeding | Speeding in excess of 55 mph is 3 points; speeding in a school zone over the posted school-zone limit is 3 points; other moving violations (including speeding at lower speeds) are 2 points. Commercial vehicle drivers receive higher values (4 points for speeding over 55 mph). Separately, the license may be suspended for speeding over 75 mph where the limit is under 70 mph, over 80 mph where the limit is 70 mph, or two speeding convictions over 55 mph (up to 80) within 12 months. |
| How long points last | Points are assigned as of the date of the offense, and suspension is based on points accumulated within a three-year period. When a license is restored after a suspension or revocation for a traffic offense, previously accumulated points are cancelled. |
| Traffic school | A driver with 7 or more points (or 4 points within three years after reinstatement) may be offered a DMV driver improvement clinic; completing it deducts three points, only once in any five-year period. Court deferral or reduction programs (such as driving school in exchange for a reduced charge) vary by district and are handled with the prosecutor. |
| Paying or fighting a ticket | Every ticket has a court date. For 'waivable' offenses (such as minor speeding and equipment violations), the driver can pay the fine and court costs before the court date online (credit/debit card), in person at the courthouse in the county where charged, or by mail; paying is treated as a finding of guilt or responsibility and is reported to the DMV. Some cases can be reduced or dismissed online by the District Attorney's office through Citation Services. Otherwise, the driver may appear in district court and request a trial. If the driver does not appear, a Failure to Appear is issued after 20 days and the DMV suspends the license indefinitely until the case is resolved. |
| Paying or looking up a ticket online | Unpaid or unanswered citations are handled by the court in the county where the citation was issued. If you fail to appear or fail to pay, NCDMV suspends your driving privileges indefinitely until you comply with the case; contact the court in the county where you received the citation or where you failed to pay, then contact NCDMV about reinstating. Source: NCDMV, License Suspension |
License suspension
| License suspension | Grounds include 12 points in three years, excessive speeding (see speeding points), failure to appear or resolve a ticket (indefinite suspension after 20 days), impaired driving convictions (one-year revocation for a first conviction), a 30-day civil revocation upon a DWI charge with a test of 0.08 or more or a refusal, and chemical test refusal (12 months). |
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| Hardship or restricted license | A court may grant a limited driving privilege, for good cause, allowing a person with a revoked license to drive for essential purposes such as employment, household maintenance, education, court-ordered treatment or community service. For an impaired driving conviction, eligibility requires a valid license (or one expired less than a year) at the time, no impaired driving conviction in the preceding seven years, a Level Three, Four or Five punishment, no new impaired driving charges, and a substance abuse assessment. Source: N.C. Gen. Stat. § 20-179.3 |
| Checking and reinstating a license | Check your license status and points through your MyDMV account. Fees (from July 1, 2024): $83.50 restoration fee (not required if the license was taken for medical reasons), a $50 service fee unless the license was surrendered to the court or mailed to NCDMV before the suspension took effect, and a DWI reinstatement fee when a DWI suspension ends. Pay online through PayIt ($3 per transaction plus a 1.85% card fee), by check or money order payable to "N.C. Division of Motor Vehicles" (Fiscal Unit, 1514 Mail Service Center, Raleigh, NC 27699-1514), or in person at a driver license office by appointment. Status updates to "Inactive" or "Eligible for Reinstatement" within about 24 hours; you then reapply for a license in person, or online if the suspension was only for failure to appear or failure to pay and you are eligible. MyDMV: https://edmv.ncdot.gov/MyDMV/MyDMVAccount/Login |
DUI / DWI
| Legal BAC limit | 0.08 for impaired driving (or any amount of a Schedule I controlled substance); 0.04 for commercial vehicle drivers; drivers under 21 may not drive with any alcohol or controlled substance remaining in the body. |
|---|---|
| First-offense DUI penalties | Impaired driving sentences use five punishment levels set by aggravating and mitigating factors. At the lowest, Level Five, the fine is up to $200 and jail is 24 hours to 60 days (may be suspended on condition of 24 hours in jail or 24 hours of community service); at Level One the fine is up to $4,000 and jail is 30 days to 24 months. A first impaired driving conviction leads to a one-year license revocation, and a 30-day civil revocation applies at the time of charge after a test of 0.08 or more. The level imposed depends on the facts of each case; this summary does not cover Levels Two through Four or Aggravated Level One. |
| When a DUI is a felony | In North Carolina, 'habitual impaired driving' is a Class F felony. It applies when a person drives while impaired and has three or more prior impaired-driving convictions within 10 years of the new offense. It carries a minimum active prison term of 12 months, which cannot be suspended, plus permanent license revocation and possible forfeiture of the vehicle. Impaired driving that causes death or serious injury is also a felony: felony serious injury by vehicle is a Class F felony, aggravated felony serious injury by vehicle is a Class E felony, felony death by vehicle and aggravated felony death by vehicle are Class D felonies, and repeat felony death by vehicle is a Class B2 felony. Death/injury-by-vehicle provisions: https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_20/GS_20-141.4.html Source: N.C.G.S. 20-138.5; 20-141.4 |
| Refusing a breath test | Refusing a chemical analysis leads to a 12-month license revocation by the DMV (in addition to the 30-day civil revocation at the time of charge). |
| DUI lookback period | 7 years. A prior impaired driving conviction within seven years before the offense is a 'grossly aggravating factor' for sentencing; older convictions (more than seven years) can be considered as an ordinary aggravating factor. Eligibility for a limited driving privilege also requires no impaired driving conviction in the preceding seven years. |
| How long a DUI stays on your record | Under North Carolina's expunction statute for nonviolent misdemeanors and felonies, an offense involving impaired driving is not eligible for expunction. For the habitual impaired driving felony, prior impaired-driving convictions count if they fall within 10 years. |
| Sobriety checkpoints | Legal by statute. North Carolina law lets law enforcement agencies run 'checking stations' to check compliance with the motor vehicle laws. The agency must set the pattern for stopping vehicles in advance, operate under a written policy that gives no individual officer discretion over which vehicles are stopped, and have at least one law enforcement vehicle with its blue light on. Drivers stopped at a checking station may be asked to take an alcohol screening test if the officer determines they have been drinking. Agencies may run any type of checking station or roadblock that complies with the U.S. and North Carolina constitutions. Source: N.C.G.S. 20-16.3A |
Phones and distracted driving
| Phone and texting laws | It is unlawful to operate a vehicle while using a mobile phone to manually enter letters or text to communicate, or to read email or text messages. Exceptions include lawfully parked or stopped vehicles, on-duty law enforcement, firefighters and ambulance operators, GPS and dispatch systems, and voice-operated technology. A violation is an infraction with a $100 fine plus court costs and no license or insurance points; a violation while driving a school bus is a Class 2 misdemeanor. Commercial drivers must follow federal device rules. The statute read bans texting and email; it does not ban handheld voice calls for adult non-commercial drivers. Source: N.C. Gen. Stat. § 20-137.4A |
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Where to get help in North Carolina
Traffic Tickets & DUI FAQ
How does the driver point system work in North Carolina?
North Carolina uses a driver license point system (separate from insurance points). The DMV may suspend a license when a driver accumulates 12 or more points within three years, or 8 or more points in the three years after a license is reinstated following a suspension or revocation for traffic offenses. A first points suspension is up to 60 days, a second up to six months, and later suspensions up to one year; the DMV may substitute up to one year of probation. At 7 points, the DMV may call the driver to a conference.
How many points is a speeding ticket in North Carolina?
Speeding in excess of 55 mph is 3 points; speeding in a school zone over the posted school-zone limit is 3 points; other moving violations (including speeding at lower speeds) are 2 points. Commercial vehicle drivers receive higher values (4 points for speeding over 55 mph). Separately, the license may be suspended for speeding over 75 mph where the limit is under 70 mph, over 80 mph where the limit is 70 mph, or two speeding convictions over 55 mph (up to 80) within 12 months.
How long do points stay on your license in North Carolina?
Points are assigned as of the date of the offense, and suspension is based on points accumulated within a three-year period. When a license is restored after a suspension or revocation for a traffic offense, previously accumulated points are cancelled.
Can traffic school remove a ticket or points in North Carolina?
A driver with 7 or more points (or 4 points within three years after reinstatement) may be offered a DMV driver improvement clinic; completing it deducts three points, only once in any five-year period. Court deferral or reduction programs (such as driving school in exchange for a reduced charge) vary by district and are handled with the prosecutor.
How do I pay or look up a traffic ticket online in North Carolina?
Unpaid or unanswered citations are handled by the court in the county where the citation was issued. If you fail to appear or fail to pay, NCDMV suspends your driving privileges indefinitely until you comply with the case; contact the court in the county where you received the citation or where you failed to pay, then contact NCDMV about reinstating.
How do I check if my license is suspended and get it reinstated in North Carolina?
Check your license status and points through your MyDMV account. Fees (from July 1, 2024): $83.50 restoration fee (not required if the license was taken for medical reasons), a $50 service fee unless the license was surrendered to the court or mailed to NCDMV before the suspension took effect, and a DWI reinstatement fee when a DWI suspension ends. Pay online through PayIt ($3 per transaction plus a 1.85% card fee), by check or money order payable to "N.C. Division of Motor Vehicles" (Fiscal Unit, 1514 Mail Service Center, Raleigh, NC 27699-1514), or in person at a driver license office by appointment. Status updates to "Inactive" or "Eligible for Reinstatement" within about 24 hours; you then reapply for a license in person, or online if the suspension was only for failure to appear or failure to pay and you are eligible.
How do you pay or contest a traffic ticket in North Carolina?
Every ticket has a court date. For 'waivable' offenses (such as minor speeding and equipment violations), the driver can pay the fine and court costs before the court date online (credit/debit card), in person at the courthouse in the county where charged, or by mail; paying is treated as a finding of guilt or responsibility and is reported to the DMV. Some cases can be reduced or dismissed online by the District Attorney's office through Citation Services. Otherwise, the driver may appear in district court and request a trial. If the driver does not appear, a Failure to Appear is issued after 20 days and the DMV suspends the license indefinitely until the case is resolved.
What gets your license suspended in North Carolina?
Grounds include 12 points in three years, excessive speeding (see speeding points), failure to appear or resolve a ticket (indefinite suspension after 20 days), impaired driving convictions (one-year revocation for a first conviction), a 30-day civil revocation upon a DWI charge with a test of 0.08 or more or a refusal, and chemical test refusal (12 months).
What is the legal blood alcohol limit in North Carolina?
0.08 for impaired driving (or any amount of a Schedule I controlled substance); 0.04 for commercial vehicle drivers; drivers under 21 may not drive with any alcohol or controlled substance remaining in the body.
What is the penalty for a first DUI in North Carolina?
Impaired driving sentences use five punishment levels set by aggravating and mitigating factors. At the lowest, Level Five, the fine is up to $200 and jail is 24 hours to 60 days (may be suspended on condition of 24 hours in jail or 24 hours of community service); at Level One the fine is up to $4,000 and jail is 30 days to 24 months. A first impaired driving conviction leads to a one-year license revocation, and a 30-day civil revocation applies at the time of charge after a test of 0.08 or more.
What happens if you refuse a breathalyzer in North Carolina?
Refusing a chemical analysis leads to a 12-month license revocation by the DMV (in addition to the 30-day civil revocation at the time of charge).
How long does a DUI count as a prior offense in North Carolina?
7 years. A prior impaired driving conviction within seven years before the offense is a 'grossly aggravating factor' for sentencing; older convictions (more than seven years) can be considered as an ordinary aggravating factor. Eligibility for a limited driving privilege also requires no impaired driving conviction in the preceding seven years.
Can you get a hardship license in North Carolina?
A court may grant a limited driving privilege, for good cause, allowing a person with a revoked license to drive for essential purposes such as employment, household maintenance, education, court-ordered treatment or community service. For an impaired driving conviction, eligibility requires a valid license (or one expired less than a year) at the time, no impaired driving conviction in the preceding seven years, a Level Three, Four or Five punishment, no new impaired driving charges, and a substance abuse assessment.
Is it illegal to hold your phone while driving in North Carolina?
It is unlawful to operate a vehicle while using a mobile phone to manually enter letters or text to communicate, or to read email or text messages. Exceptions include lawfully parked or stopped vehicles, on-duty law enforcement, firefighters and ambulance operators, GPS and dispatch systems, and voice-operated technology. A violation is an infraction with a $100 fine plus court costs and no license or insurance points; a violation while driving a school bus is a Class 2 misdemeanor. Commercial drivers must follow federal device rules.
Is a DUI a felony in North Carolina?
In North Carolina, 'habitual impaired driving' is a Class F felony. It applies when a person drives while impaired and has three or more prior impaired-driving convictions within 10 years of the new offense. It carries a minimum active prison term of 12 months, which cannot be suspended, plus permanent license revocation and possible forfeiture of the vehicle. Impaired driving that causes death or serious injury is also a felony: felony serious injury by vehicle is a Class F felony, aggravated felony serious injury by vehicle is a Class E felony, felony death by vehicle and aggravated felony death by vehicle are Class D felonies, and repeat felony death by vehicle is a Class B2 felony.
How long does a DUI stay on your record in North Carolina?
Under North Carolina's expunction statute for nonviolent misdemeanors and felonies, an offense involving impaired driving is not eligible for expunction. For the habitual impaired driving felony, prior impaired-driving convictions count if they fall within 10 years.
Are DUI checkpoints legal in North Carolina?
Legal by statute. North Carolina law lets law enforcement agencies run 'checking stations' to check compliance with the motor vehicle laws. The agency must set the pattern for stopping vehicles in advance, operate under a written policy that gives no individual officer discretion over which vehicles are stopped, and have at least one law enforcement vehicle with its blue light on. Drivers stopped at a checking station may be asked to take an alcohol screening test if the officer determines they have been drinking. Agencies may run any type of checking station or roadblock that complies with the U.S. and North Carolina constitutions.
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