Statue of Limitations for a North Carolina DUI

Under North Carolina statutes, driving while intoxicated (DWI, sometimes known as driving under the influence, DUI) remains on your driving history record for seven years. DWI is a misdemeanor, unless you have three convictions in the past seven years, then it is a felony.

BAC Test

If you are stopped by a police officer for DWI in North Carolina, you must submit to a chemical blood or breath test or your license will automatically be revoked for 30 days and an additional 12 months revocation by the North Carolina Department of Motor Vehicles (DMV). A blood alcohol content (BAC) level of .08 percent or .04 percent for a commercial vehicle driver can be used as evidence against you in court. Within 48 hours of arrest, you will be charged before a judge or magistrate.

Consequences of Conviction

North Carolina DWI fines range from $1,000 to $2,000 (as of 2010), plus court costs, jail time ranging from 24 hours to three years, revocation of your license for 30 days to permanent revocation, community service, substance abuse assessment evaluation, driver's educational classes and insurance rate increases. Fees, fines and penalties are based on the number of DWI offenses you have within a seven-year period, aggravating and mitigating factors, injuries sustained by others and your BAC level.

Hire an Attorney

North Carolina DWI laws are strictly enforced. Consider hiring an attorney to defend you. A public defender or court-appointed attorney is available if you cannot afford one.

References

• NC Div of Mental Health, Developmental Disabilities and Substance Abuse Services
• University Student Legal Services: DWIs

Resources

• North Carolina DMV: DUI & DWI in North Carolina
• The Chetson Firm PLLC:NC DWI/DUI Laws