North Carolina · DWI

North Carolina DWI laws and penalties

North Carolina's legal BAC limit is 0.08%. For a first offense, North Carolina's statute provides jail of 48 hours to 120 days, a fine of up to $500, and a license suspension of 1 year. The license hearing, the ignition interlock rule and the statute behind every figure are below.

In North Carolina the offense is called DWI (driving while impaired). It is the offense most states call DUI.

Figures read from official pages on Oct 26, 2026.

North Carolina · county map

3 counties have a page: select one to open it, or find them under Counties below. The other counties are added as data is published.

Legal BAC limit: 0.08%; Standard US limit
Enhanced penalty BAC: 0.15%; Where the penalties step up
Zero tolerance (under 21): 0.00%; Any trace may result in DWI
Lookback period: 7 years; Prior DWI offenses that count

License hearing: ask within 10 days

At your first court appearance or within 10 days of the effective date of the 30-day civil revocation, in writing to the clerk or a magistrate. A test refusal (12-month revocation) is heard by the DMV on a written request made before the revocation takes effect. Count the days with the license-hearing window calculator.

Ignition interlock required in some cases

Higher BAC level. 0.15 or more is an aggravating factor the judge weighs at sentencing (it can move a first offense from Level Four to Level Three) and it triggers the interlock condition for license restoration.

Ignition interlock. Required for license restoration only if the BAC was 0.15 or more, a prior offense fell within 7 years, or the sentence was Aggravated Level One.

North Carolina sentences by 'levels' set by a judge's weighing of factors under G.S. 20-179; the figures are the Level Four (first) and Level Two (second, prior within 7 years) tiers. The civil 30-day revocation and its 10-day hearing request run separately from the criminal case.

01Penalties

North Carolina DWI penalties

Statutory ranges for standard DWI convictions (no accident, no minor in vehicle).

North Carolina statutory DWI penalties, first and second offense
Penalty	1st offense	2nd offense
Jail (minimum)	48 hours	7 days
Jail (maximum)	120 days	12 months
Fine (minimum)	No minimum	No minimum
Fine (maximum)	$500	$2,000
License suspension	1 year	4 years if the earlier offense was within 3 years; otherwise 1 year

Statutory ranges only. Actual outcomes vary by county, judge, and attorney. Does not include court fees, surcharges, or program costs.

02Compare

How North Carolina compares

Of the 49 states with a confirmed BAC limit, 48 (North Carolina among them) use 0.08%; Utah has 0.05%.

On this site's reading of the statutes, of the 49 states with a confirmed rule, 21 require an ignition interlock after every first conviction, 18 in some cases and 8 leave it to the judge; 2 do not require one. North Carolina requires one in some cases.

The 40 states with a fixed deadline give from 6 to 90 days to ask for a license hearing (the middle one is 10); North Carolina gives 10.

North Carolina and the states that border it, first-offense figures side by side
State	BAC limit	Hearing request	Interlock, first offense	Jail, first offense	Fine, first offense	License, first offense
Georgia	0.08%	30 days	Not required	10 days to 12 months	$300 to $1,000	12 months
North Carolina (this page)	0.08%	10 days	In some cases	48 hours to 120 days	Up to $500	1 year
South Carolina	0.08%	30 days	Required	48 hours to 30 days	$400	Suspension ended by enrolling in the interlock program; interlock required for 6 months
Tennessee	0.08%	No fixed deadline	Required	48 hours to 11 months and 29 days	$350 to $1,500	1 year
Virginia	0.08%	7 days	In some cases	Up to 12 months	$250 to $2,500	1 year

Every figure is the statute's own, read from the same kind of page. See DUI laws and penalties for all 50 states.

03The process

How a DWI case moves through the system in North Carolina

The typical sequence, in general terms. Timing and details differ by county and by case.

Arrest and booking
Police arrest a driver on suspicion of DWI and take the person to the local jail, where booking records the arrest, the charge and the times.
Release
A person is released after posting bail, on their own recognizance, or after a hold. Amounts and timing differ by county.
License action
At your first court appearance or within 10 days of the effective date of the 30-day civil revocation, in writing to the clerk or a magistrate. A test refusal (12-month revocation) is heard by the DMV on a written request made before the revocation takes effect.
Arraignment
The first court appearance, where the charge is read and a plea (guilty, not guilty or no contest) is entered.
Pretrial resolution
A case can end in a plea to a reduced charge, in a diversion or deferred program where the state has one, in a trial, or in a dismissal, depending on the state and the facts.
Sentencing or trial
For a first offense, North Carolina's statute provides jail of 48 hours to 120 days, a fine of up to $500, and a license suspension of 1 year. See the penalties table above.

04Counties

Counties in North Carolina

3 counties have a page here, with the state's arrest counts where it publishes them.

County pageMecklenburg CountySample figures only

County pageWake CountySample figures only

County pageGuilford CountySample figures only

05Sources

Where North Carolina's figures come from

Each figure was read on the official page linked here on Oct 26, 2026, and the quoted words were checked against the page the day it was read. The exact words are below so you can check them. Found a mistake? Write to hello@duiarrested.com with the state and the figure.

N.C. Gen. Stat. § 20-138.1(a) (ncleg.gov)Main statute · BAC limit, age 21 and over
N.C. Gen. Stat. § 20-179(d)(1) (ncleg.gov)Higher BAC level · Lookback period · First offense: jail, minimum · First offense: jail, maximum · First offense: fine, minimum · First offense: fine, maximum · Second offense: jail, minimum · Second offense: jail, maximum · Second offense: fine, minimum · Second offense: fine, maximum
N.C. Gen. Stat. § 20-138.3(a) (ncleg.gov)BAC limit under 21
N.C. Gen. Stat. § 20-16.5(g) (ncleg.gov)License hearing request
N.C. Gen. Stat. § 20-17.8(a), (b) (ncleg.gov)Ignition interlock, first offense
N.C. Gen. Stat. §§ 20-17(a)(2), 20-19(c1) (ncleg.gov)First offense: license · Second offense: license

Show the exact words behind each figure

Main statute

N.C. Gen. Stat. § 20-138.1

N.C. Gen. Stat. § 20-138.1(a)

§ 20-138.1. Impaired driving. (a) Offense. - A person commits the offense of impaired driving if he drives any vehicle upon any highway, any street, or any public vehicular area within this State:

BAC limit, age 21 and over

0.08%

N.C. Gen. Stat. § 20-138.1(a)(2)

(2) After having consumed sufficient alcohol that he has, at any relevant time after the driving, an alcohol concentration of 0.08 or more.

Higher BAC level

0.15%

N.C. Gen. Stat. § 20-179(d)(1)

(1) Gross impairment of the defendant's faculties while driving or an alcohol concentration of 0.15 or more within a relevant time after the driving.

BAC limit under 21

0.00%

N.C. Gen. Stat. § 20-138.3(a)

(a) Offense. - It is unlawful for a person less than 21 years old to drive a motor vehicle on a highway or public vehicular area while consuming alcohol or at any time while he has remaining in his body any alcohol or controlled substance previously consumed

Lookback period

7 years

N.C. Gen. Stat. § 20-179(c)(1)a.

(1) A prior conviction for an offense involving impaired driving if: a. The conviction occurred within seven years before the date of the offense for which the defendant is being sentenced; or

License hearing request

10 days

N.C. Gen. Stat. § 20-16.5(g)

A person whose license is revoked under this section may request in writing a hearing to contest the validity of the revocation. The request may be made at the time of the person's initial appearance, or within 10 days of the effective date of the revocation to the clerk or a magistrate designated by the clerk

Ignition interlock, first offense

Required in some cases

N.C. Gen. Stat. § 20-17.8(a), (b)

(a) Scope. - This section applies to a person whose license was revoked as a result of a conviction of driving while impaired, G.S. 20-138.1, and any of the following conditions is met: (1) The person had an alcohol concentration of 0.15 or more. ... (b) Ignition Interlock Required. - ... when the Division restores the license of a person who is subject to this section ... it shall require the person to agree to ... (1) A restriction that the person may operate only a vehicle that is equipped with a functioning ignition interlock system

First offense: jail, minimum

48 hours

N.C. Gen. Stat. § 20-179(j)

(j) Level Four Punishment. - A defendant subject to Level Four punishment may be fined up to five hundred dollars ($500.00) and shall be sentenced to a term of imprisonment that includes a minimum term of not less than 48 hours and a maximum term of not more than 120 days.

First offense: jail, maximum

120 days

N.C. Gen. Stat. § 20-179(j)

Same passage as above.

First offense: fine, minimum

No minimum

N.C. Gen. Stat. § 20-179(j)

Same passage as above.

First offense: fine, maximum

$500

N.C. Gen. Stat. § 20-179(j)

Same passage as above.

First offense: license

1 year

N.C. Gen. Stat. §§ 20-17(a)(2), 20-19(c1)

(c1) When a license is revoked under subdivision (2) of G.S. 20-17, and the period of revocation is not determined by subsection (d) or (e) of this section, the period of revocation is one year.

Second offense: jail, minimum

7 days

N.C. Gen. Stat. § 20-179(h)

(h) Level Two Punishment. - A defendant subject to Level Two punishment may be fined up to two thousand dollars ($2,000) and shall be sentenced to a term of imprisonment that includes a minimum term of not less than seven days and a maximum term of not more than 12 months.

Second offense: jail, maximum

12 months

N.C. Gen. Stat. § 20-179(h)

Same passage as above.

Second offense: fine, minimum

No minimum

N.C. Gen. Stat. § 20-179(h)

Same passage as above.

Second offense: fine, maximum

$2,000

N.C. Gen. Stat. § 20-179(h)

Same passage as above.

Second offense: license

4 years if the earlier offense was within 3 years; otherwise 1 year

N.C. Gen. Stat. § 20-19(c1), (d)

(c1) When a license is revoked under subdivision (2) of G.S. 20-17, and the period of revocation is not determined by subsection (d) or (e) of this section, the period of revocation is one year. ... (d) When a person's license is revoked under (i) G.S. 20-17(a)(2) and the person has another offense involving impaired driving for which the person has been convicted, which offense occurred within three years immediately preceding the date of the offense ... the period of revocation is four years

06Related

MapUS DUI Arrest Rate MapEvery state as one tile, colored by DUI arrests per 100,000 residents.
CalculatorDUI License-Hearing WindowThe hearing request window listed for each state, counted from a date you enter.

Note: This page summarizes state statutes and published figures. It is general information, not legal advice, and it may be out of date or incomplete. Penalty ranges are statutory ranges; actual outcomes depend on the case. See the Disclaimer.

North Carolina DWI laws at a glance