DWI (Driving While Impaired) can be proven by proving the driver's physical or mental fitness are appreciably impaired by alcohol, drugs or a combination of both; or by proving the driver's blood/alcohol concentration is 0.08 percent or more.
First Conviction:
Mandatory revocation of your driver license for a period of one year. A $50 restoration fee is required when the revocation results from a DWI conviction.
Minimum Punishment:
Fine up to $100 and not less than 24 hours imprisonment; 24 hours of community service; 30 days without a limited driving privilege or any combination of these.
Maximum Punishment:
Fine up to $2,000 and not less than 14 days or more than 24 months imprisonment.
Alcohol and Substance Abuse Assessment:
Anyone convicted of DWI must obtain a substance abuse assessment prior to the reinstatement of driving privileges. Persons with high blood/alcohol contents (BACs) must be checked to see if they might have an alcohol problem.
DWI School:
North Carolina mandates alcohol safety school and/or substance abuse treatment for DWI offenders. N.C. requires even those with lower BACs to attend alcohol safety schools.
Alcohol and Drug Education Traffic School (ADETS) is the level you are assigned to if you have never had a DWI or drinking and driving offense in their entire life, had a Breathalyzer reading of .14 or less, did not refuse the Breathalyzer, and the you initial assessment does not find an alcohol or drug abuse problem. ADETS is a 10-hour program with a cost of $75.00.
Either your mandated assessment or a high BAC can lead to short-term, intermediate Substance Abuse Treatment Program, or an Intensive Outpatient Treatment Program.
Refusal to Take Test:
Refusal to perform any required test will result in the immediate revocation of your driver license for at least 30 days and an additional, minimum 12-month revocation by the DMV. In certain instances, after six months of the willful refusal revocation has elapsed, the judge may issue a limited driving privilege.
Over .16 BAC:
A conviction of Driving While Impaired with a Blood Alcohol Concentration greater than 0.16 will require an ignition interlock device to be installed on the vehicle.
Under 21:
If you are less than 21 years old and are convicted for an offense of driving with any amount of alcohol or drugs in your body, your license will be revoked for one year
