DUI Laws 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.

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.

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.

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).

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.

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.

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.