Frequently Asked Questions
In North Carolina, Driving Under the Influence (“DUI”) is defined as driving or being in actual physical control of a vehicle while you are under the influence of alcohol or drugs upon the ways of the state open to the public.
Penalties for DUI in North Carolina are set forth by statute in NCGS § 20-179. A summary of the penalties* for a DUI in Asheville, NC are as follows:
Level 5
- Immediate license suspension for 30 days, with the possibility of limited driving privileges after 10 days.
- Up to a $200 fine.
- Between 24 hours and 60 days in jail. (Your judge might suspend your sentence to 24 hours of imprisonment or 24 hours of community service as part of probation.)
- Substance abuse assessment, if you’re placed on probation
Level 4
- Immediate license suspension for 30 days, with the possibility of limited driving privileges after 10 days.
- Up to a $500 fine.
- Between 48 hours and 120 days in jail. (Your judge might suspend your sentence to 48 hours of imprisonment or 48 hours of community service as part of probation.)
- Substance abuse assessment, if you’re placed on probation.
Level 3
- Immediate license suspension for 30 days, with the possibility of limited driving privileges after 10 days.
- Up to a $1,000 fine.
- Between 72 hours and 6 months in jail. (Your judge might suspend your sentence to 72 hours of imprisonment or 72 hours of community service as part of probation.)
- Substance abuse assessment, if you’re placed on probation.
Level 2
- Immediate license suspension for 30 days, with the possibility of limited driving privileges after 10 days.
- Up to a $2,000 fine.
- Between 7 days and 12 months in jail. (Your judge might suspend your sentence to 90 days of abstaining from alcohol, which the court will monitor.)
- Substance abuse assessment, if you’re placed on probation.
Level 1
- Immediate license suspension for 30 days, with the possibility of limited driving privileges after 10 days.
- Up to a $4,000 fine.
- Between 30 days and 24 months in jail. (Your judge might give you 10 days under probation cases involving alcohol monitoring for 120 days.)
- Substance abuse assessment, if you’re placed on probation.
Level 1 Aggravated
- Immediate license suspension for 30 days, with the possibility of limited driving privileges after 10 days.
- Up to a $10,000 fine.
- Between 12 months and 36 months in jail. (Your judge might give you 120 days under probation cases involving alcohol monitoring for a minimum of 120 days.)
- Monitored abstaining from alcohol for 4 months after prison release.
- Substance abuse assessment.
The fact that you are taking prescription drugs is not a defense to a DUI. The law specifically provides that you can still be punished for DUI if as a result of taking the prescription drugs, your ability to drive has been diminished.
If you are from another state and refuse to submit to a test in North Carolina, the arresting officer will take possession of your license and forward it to your home state’s licensing authority along with a report stating that you refused to submit to a test.
In North Carolina, DUI (Driving Under the Influence) and DWI (Driving While Impaired) are terms used interchangeably to refer to impaired driving offenses.
Generally, DUI convictions cannot be expunged from your record in North Carolina. It is essential to consult with an attorney for advice based on your specific situation.
Underage DUI offenses have specific penalties, including license suspension, fines, and mandatory alcohol education programs. The legal BAC limit is lower for individuals under 21.
The legal BAC limit for drivers in North Carolina is 0.08%. However, lower limits may apply to certain individuals, such as those under 21 or commercial drivers.
North Carolina has implied consent laws, meaning that refusal to submit to a breathalyzer or chemical test can result in automatic license suspension and other penalties.
The court may rely on various factors, including field sobriety tests, drug recognition experts, and chemical tests to determine if a driver is impaired by drugs.
A DUI arrest can lead to a suspension of your driver’s license. The duration of the suspension depends on various factors, including prior convictions.
In some cases, individuals convicted of DUI may be eligible for a limited driving privilege, allowing them to drive for specific purposes, such as work or school.
Yes, a DUI conviction often leads to a significant increase in auto insurance premiums, as insurance companies consider individuals with DUI convictions to be high-risk drivers.
