North Carolina Law defines DWI as having a Blood Alcohol Content (BAC) of .08 or higher or having one’s mental or physical faculties impaired while operating a motor vehicle.

North Carolina has an Implied Consent Law which states that if one drives on the roads in NC, one automatically agrees to a chemical test for intoxification.  If such a test is refused, one’s driver’s license is automatically forfeited for one year by DMV regardless of whether you are convicted.

Penalties for first time DWI offenders include the following: up to a $1000 fine, up to six months (suspended) probation.  The maximum required sentence is 72 hours in jail, or 72 hours community service work, a combination of both, or no operation of a motor vehicle for 90 days.  The revocation period for one’s driver’s license is one year.

A Limited Driving Privilege (LDP) may be granted by the Judge and is a privilege, not a right.  A refusal of the chemical test for intoxification could delay an LDP for six (6) months.  These privileges are for only one year from the conviction.

The DMV requires that prior to issuing an LDP, a DWI substance abuse assessment must be obtained from an approved provider in the State of North Carolina.  The DMV must have a certificate of completion from the service provider showing the completed assessment and completion of either a treatment program or ADETS before a driver’s license may be reinstated.