Driving while impaired is a serious offence in this state and attracts certain North Carolina drunk driving penalties. The exact level of penalties depends upon an array of different factors, which have been described below. Even the refusal to take the chemical test when stopped under the suspicion of impaired driving attracts certain penalties. As per the Implied Consent law, you must take the test when asked to else your driving license will immediately be suspended for an initial period of thirty days; this will followed by a court hearing, where the court may impose an addition twelve months of suspension if you are found guilty.
Aggravating Factors
More severe North Carolina drunk driving penalties are applicable if the case of drunk driving includes the following aggravating factors.
- Illegally overtaking a school bus (even if it causes no harm to anybody)
- Driving at 30 mile per hour over the legal speed limit
- Making attempts to elude officers
- Records of previous dwi convictions
- Driving while license has already been revoked
- Accident
- Reckless driving
- BAC level is 0.15 or above
Grossly Aggravating Factors
Following are the grossly aggravating factors.
- Drunk driving while an under-16 child in the vehicle
- Injuries to others
- Drunk driving when license is already suspended as part of a previous conviction
- The previous conviction occurred within seven years
Mitigating Factors
The court may take into consideration certain mitigating factors, which are as follows.
- Voluntary submission for assessment in a mental health facility
- The impairment actually caused dosage of a prescribed legal medication
- The accused was driving lawfully.
- BAC level was 0.9 or less
- The accused has a clean driving record (no previous convictions)
Depending upon the types of factors involved in your dwi case, you may be offered penalties in different levels, starting from level five.
Level Five Penalties
- Up to $200 of monetary fine
- Twenty-four hours of community service or twenty-four hours in jail
Level Four Penalties
- Up to $500 of monetary fine
- Forty-eight hours of community service or forty-eight hours in jail
Level Three Penalties
North Carolina drunk driving penalties at level three includes the following.
- Up to $500 of monetary fine
- Seventy-two hours of community service; if not, seventy-two hours in jail imprisonment
Level Two Penalties
The level two penalties include a fine of $2000 and jail imprisonment for a period between seven days and one year.
Level One Penalties
The level one of North Carolina drunk driving penalties include a maximum of $4000 as monetary fine and jail imprisonment for a period ranging from at least thirty days to two years.
First Dui Conviction In North Carolina
North Carolina drunk driving penalties are not very severe when you are convicted for the first time under dui charges in this state (as compared to what the convicts face in other states).
- You will have to complete a specific court-ordered substance abuse treatment and/or assessment program
- Your driving license will be ceased for a period of twelve months, which is mandatory. It means you will not have any option to apply for restricted license even if you are agree to install ignition interlock device in your vehicle.
- The biggest relief is that there are no provisions for jail term or monetary fine.
Second Dui Conviction In North Carolina
The second conviction will bring the following North Carolina drunk driving penalties for you.
- It will be mandatory to complete a substance abuse treatment and/or assessment program as per court order
- If you were previously convicted within the last three years, your driving license will be suspended for a period of four years. There are no provisions for restricted license.
- After four years of suspension, you will first have to get an ignition interlock device installed in your vehicle in order to get your license back.
Third Dui Conviction In North Carolina
For a third time conviction, the North Carolina drunk driving penalties are much severe.
- The court will order you to complete a substance abuse treatment or alcohol program
- It is also very much likely that your vehicle will be forfeited
- If the previous conviction occurred within the last five years, you will face permanent suspension of your driving license. It is entirely up to the court to the court to decide if a restoration is possible after certain period of suspension. If the court allows the restoration of the license, ignition interlock device will be required for the next seven years from the date of the restoration.
- Minimum one year of jail term is also mandatory.
- A third time conviction is considered as a case of Habitual Impaired Driving and is treated as a Class “F” Felony.
Fourth Dui Conviction In North Carolina
The following North Carolina drunk driving penalties for a fourth time conviction.
- Completion of a specific substance abuse treatment and/or assessment program
- If the three previous convictions occurred during the last seven years, your driving license will be suspended permanently. But, in some cases, the restoration of the license may still be possible, but in order to qualify for the same, you will be required to install an ignition interlock device in your vehicle for the next seven years from the date of the restoration.
- It is again a Class “F” Felony and you will have to spend at least twelve months in jail imprisonment.